logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.07.21 2013가합73501
사해행위취소 등
Text

1. Defendant B and Defendant C jointly do so to the Plaintiff:

A. As to KRW 402,515,068 and its KRW 250,00,000 among them, June 12, 2015

Reasons

1. Basic facts

A. (1) On May 21, 2012, the Plaintiff’s purchase of the instant real estate (1) was divided into 668 square meters (630 square meters and 38 square meters before G, which was June 25, 2012) and H large 340 square meters (which was divided into H large 326 square meters and 14 square meters on December 14, 2012), two neighborhood living facilities and housing (a assembled board) on the above ground, the two residential facilities and housing (a assembly board) on the 2nd residential facilities and housing (around 160,000,000 won, and the provisional contract amount is divided into 10,000,000 won and KRW 38,000,000,000,000,000,000 won, each of the real estate sales contracts shall be paid on 10,000,000 won, 201.

(2) On June 27, 2012, D and E agreed to the effect that “D shall pay KRW 55,00,000 to E as collateral, and shall commence removal and new construction upon delivery of the building. D shall pay the remainder of KRW 365,00,000 until August 31, 2012, and E shall complete the registration of ownership transfer and the change of owner’s name and terminate the registration of creation of a mortgage in the vicinity of the family Life Cooperative Loan. D shall bear interest on the family Life Cooperative Loan from June 28, 2012.”

(3) D paid KRW 55,00,000 to E, and subsequently removed the above above-ground building upon delivery.

(4) The Plaintiff agreed with D to settle the land purchase funds and construction costs provided by the Plaintiff to D at KRW 250,00,000,000, and the Plaintiff agreed to assume all rights and obligations under the said real estate sale contract. Around August 2012, the Plaintiff drafted again the same real estate sale contract with the same content as the Plaintiff, changing the purchaser of E and the said real estate sale contract from D to the Plaintiff as of May 21, 2012.

(5) Around October 12, 2012, E notified the Plaintiff that “if the Plaintiff did not pay the remainder of KRW 420,000,000,000,” the Plaintiff would cancel the sales contract.” Accordingly, the Plaintiff paid the remainder to E on October 25, 2012 by November 9, 2012.

arrow