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(영문) 수원지방법원 2015.06.25 2013가합9218
사해행위취소
Text

1. The plaintiff Eul's successor's motion to participate in the succession, the plaintiffs' respective defendant D and defendant E, and each defendant F.

Reasons

1. Basic facts

A. On June 27, 2005, the Plaintiffs concluded a sales contract with G to purchase the total amount of KRW 4538,000,000 for each of the real estate listed in the separate sheet owned by G (hereinafter “each of the instant real estate”) on June 27, 2005 (hereinafter “instant sales contract”), and agreed to pay KRW 60,000 on the day of the sales contract to pay KRW 60,000 on August 30, 2005 the remainder of KRW 226,00,000,000 for each of the instant real estate. At the time of the conclusion of the instant sales contract, the Plaintiff agreed to remove the instant real estate by G and bear the costs of removal. (2) At the time of the conclusion of the instant sales contract, the Plaintiff agreed to purchase the remainder of each of the instant real estate at KRW 2,00,000,000 for KRW 650,000,000 for KRW 136,500.

3) Meanwhile, since November 202, 2002, each of the instant real estate was designated as a land transaction permission area under the National Land Utilization and Management Act, the designation was revoked on January 30, 2009. (b) The payment of the purchase price under the instant sales contract and the Plaintiff B’s loan 1) the Plaintiffs paid KRW 600 million to G on June 27, 2005, the day of the instant sales contract, and the Plaintiff B borrowed KRW 300 million from G when paying the remaining purchase price on the same day.

2) The Plaintiff B offered the instant real estate to G as collateral and received a loan of KRW 1 billion from the financial institution, and then offered the Plaintiff B with the loan of KRW 1 billion from the financial institution, and then offered that the payment of KRW 1 billion out of the balance would substitute for the payment of KRW 1 billion out of the remainder. G completed the registration of creation of collateral security and superficies with respect to each of the instant real estate to the Pyeongtaek-si Livestock Cooperatives on September 9, 2005 (hereinafter “Seoul-si Livestock Cooperative”).

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