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(영문) 서울북부지방법원 2016.12.08 2015가합20845
사해행위취소
Text

1. Defendant B and C are jointly and severally liable to the Plaintiff.

(a) KRW 107,00,000 and its related thereto from January 1, 2012 to August 1, 2015

Reasons

1. Basic facts

A. (1) On March 11, 2011, the Plaintiff entered into a contract with Defendant B (hereinafter “B”) to delegate the purchase of real estate to purchase KRW 107,00,000 of the purchase price (hereinafter “instant first contract”).

According to the special terms and conditions of the instant contract, the term “this article is a contract for a right to receive compensation for business rights in Gangnam-gu G development projects, and the sales price shall be immediately refunded when it is not determined to be supplied within 2011.”

(2) On March 25, 2011, Defendant C, the representative director of Defendant B, prepared a cash storage certificate of KRW 107,000,000 (hereinafter “this case’s cash storage certificate”) with the statement that “A, by 2011, is to guarantee the above amount of money in selling and selling the right to receive business loss compensation within the Gangnam-gu G Development District. In this case, the issuer of this certificate, by 201, is not entitled to receive business loss compensation within the G Development District, shall immediately refund the amount specified above, and shall issue and notarized the certificate.”

(3) In accordance with the instant contract, the Plaintiff paid KRW 107,00,000 to Defendant B, but the Plaintiff was not selected as a beneficiary of business rights compensation within G development districts by the end of 2011.

B. (1) On June 21, 2012, the Plaintiff again entered into a contract to delegate real estate purchase (hereinafter “instant contract”) with Defendant B to purchase KRW 65,00,000 of the purchase price, the term “the right to receive compensation for business rights within the Gangseo-gu H/I district” with Defendant B.

According to the terms of the contract of this case No. 2, the "this article is a contract for the right to receive compensation for business rights within H/I district of Gangdong-gu, and the purchase price shall be immediately determined when the land is supplied within 2012.

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