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(영문) 서울중앙지방법원 2015.12.23 2015나14494
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. With respect to 17.9 square meters in Jung-gu Seoul Metropolitan Government:

A. On February 21, 2012, between the Defendant and C.

Reasons

1. Basic facts

A. A. On December 9, 1985, C prepared and delivered a written note that 25% of the selling price shall be paid to E and the Plaintiff when disposing of the land of 17.9m2 (hereinafter “instant land”). On November 17, 1996, C acquired E’s right and owned all the above rights to C.

B. On October 19, 2011, the Plaintiff filed a lawsuit against C on the claim for the agreed amount under the Seoul Southern District Court 201Da81354, Mar. 22, 2013, based on the foregoing written statement, and paid the Plaintiff KRW 35,396,355 per annum from March 8, 2013 to March 22, 2013, and the amount calculated by 20% per annum from the following day to the date of full payment.

Accordingly, the Defendant was sentenced to the judgment that: (a) as to KRW 44,625,00 among the Plaintiff and KRW 35,396,355 among them, the Defendant paid to the Plaintiff KRW 44,625,00 and KRW 35,355 from March 9, 2013 to March 22, 2013; (b) KRW 9,228,645 each year from March 9, 2013 to October 24, 2013; and (c) as to KRW 5% each year from the next day to October 24, 2013 to the date of full payment, the amount calculated at 20% each year from the next day to the date of full payment.

On August 26, 2014, both the Plaintiff and C filed a final appeal, but Supreme Court Decision 2013Da93906 Decided this was final and conclusive.

C. On February 21, 2012, C made a promise to sell and purchase the instant land with the Defendant, and accordingly, C made a registration of the right to claim ownership transfer to the Defendant under Article 8855 of the Seoul Central District Court’s mid-gu Branch Office No. 8855 on February 22, 2012. On March 20, 2013, C entered into a sales contract with the Defendant and completed the registration of ownership transfer as the receipt No. 19866 on April 25, 2013 of the same registry office.

The instant land was the only real estate of C.

[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence, Gangseo-gu Office, Jeju Office, Seopo-gu, Seopo-si, Seoul Jung-gu Office for Tax Information Submission Order and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion.

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