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(영문) 서울중앙지방법원 2013.02.08 2012가합68816
사해행위취소
Text

1. A sales contract concluded on June 24, 2009 between C and the Defendant with respect to each real estate listed in the separate sheet.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements set forth in Gap's 1 to 6, Eul's 3 to 6, witness D's testimony and the whole purport of pleadings:

2. Defendant (C) and Selection E shall be jointly and severally paid KRW 250,000,000 to the Plaintiff (A) until December 31, 2006, and KRW 50,000,000 until May 31, 2007, and KRW 100,000,000 until December 31, 207, and KRW 80,000,000,000 until June 30, 2008, respectively.

Provided, That where the defendant and the selected person E fail to pay any installment, the defendant and the selected person shall lose the benefit of the deadline, and the total amount of the amount payable up to that time shall immediately arrive, and the amount not paid shall be paid by adding the amount at the rate of 16% per annum from the date following the due date to the date of full payment.

(s) Omission of machine provisions)

A. The Plaintiff filed a lawsuit against C (hereinafter referred to as “C”; hereinafter referred to as “stock company”) and its representative director E seeking the payment of the agreed amount of KRW 300 million as Seoul Central District Court 2006Gahap59231, Sept. 25, 2006 (hereinafter referred to as “instant conciliation”); the Plaintiff’s claim against C following the said conciliation was established.

B. The Korea Exchange Bank, the mortgagee of the maximum debt amount of C 4,825,600,000 won, applied for a voluntary auction on each of the real estates indicated in the separate sheet (hereinafter “each of the instant real estates”) owned by C, and received the decision to voluntarily commence the auction from the Seoul Central District Court F on April 17, 2009.

In the above auction procedure, the market price at the time of May 25, 2009 was appraised as KRW 15,529,000,000, and the above real estate was assessed as KRW 300,000,00.

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