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(영문) 청주지방법원제천지원 2019.10.24 2018가합10091
사해행위취소
Text

1. It was concluded on July 4, 2017 between the Defendant and C with respect to the indicated claims in attached Form 1.

Reasons

1. Basic facts

A. On September 4, 2014, the Plaintiff entered into a sales contract with C Co., Ltd. (hereinafter “C”) to purchase KRW 4.8 billion in total from the purchase price (hereinafter “instant real estate”), E and 16,000,000,000, and paid KRW 500,000,000 as the down payment on the date of the contract.

B. However, after the first sale contract, C concluded another sale contract with D Co., Ltd. (hereinafter “D”) on September 10, 2015, which was after the first sale contract, for the instant real estate, and completed the registration of ownership transfer on October 21, 2015 for the instant real estate as Cheongju District Court No. 31137.

C. On January 26, 2016, the Plaintiff filed a lawsuit against Suwon District Court (Seoul District Court Branch 2016Gahap200503), claiming the return of the down payment amount of KRW 500 million already paid pursuant to the first sales contract, and the payment of damages for nonperformance of the contract, including KRW 1 billion in total, and damages for delay.

On May 19, 2016, the above court rendered a judgment in favor of all of the Plaintiff on the following grounds: “C shall pay to the Plaintiff 1 billion won and KRW 500 million, 5% per annum from October 22, 2015 to March 14, 2016, and 15% per annum from the next day to the date of full payment.”

Accordingly, on September 18, 2018, Seoul High Court (Seoul High Court 2018Na2058722) filed a subsequent appeal against the judgment of the first instance. The Seoul High Court only recognized the Plaintiff’s claim for the return of the down payment amount of KRW 500 million on August 27, 2019, and for the purport that the claim for damages amounting to KRW 500 million is dismissed, “C partly cancels the part against C” of the judgment of the first instance to the effect that the claim for damages amounting to KRW 500 million is dismissed, the amount calculated by the rate of KRW 50 million per annum from October 22, 2015 to August 27, 2019, and 15% per annum from the following day to the date of full payment.

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