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(영문) 서울동부지방법원 2012.07.20 2011가합15474
사해행위취소 등
Text

1. It was concluded on July 25, 2009 with respect to each real estate listed in the separate sheet between the defendant and the non-party E.

Reasons

1. Basic facts

A. Plaintiff A filed a lawsuit with Suwon District Court for the payment of the construction cost against E Co., Ltd. (hereinafter “E”). On July 8, 2008, the said court rendered a judgment that “E shall pay to Plaintiff A 82,500,000 won per annum from August 25, 2005 to July 8, 2008; and that “E shall pay to the Plaintiff 6% per annum from the next day to the day of full payment; and 20% per annum from the next day to the day of full payment.” The said judgment became final and conclusive on August 19, 2008.

B. Plaintiff B filed a lawsuit against Plaintiff B with Seoul Southern District Court 2007Kadan8135, and on June 16, 2008, the appellate court 2008Na3942, “E shall pay Plaintiff B 40,000,000 won, and 5,000,000 won among them shall be paid until June 23, 2008, and the remaining 35,000,000,000 won shall be paid in installments by September 30, 2008: Provided, That where each of the above payment dates is not paid by the above payment date, E shall lose the benefit of the payment deadline, and as to the amount not paid, a compromise was established that “E shall be paid at the rate of 20% per annum from the following day until the full payment is made,” and thereafter, Plaintiff B shall not be paid any amount.

C. On June 2005, Plaintiff C agreed with Plaintiff C that “E shall pay Plaintiff C the construction cost of the ancillary civil retaining wall construction built by Plaintiff C, which is KRW 40,710,410,00, but for the said payment, E shall transfer the same amount of claim against Nonparty C to Plaintiff C.

On June 27, 2005, each of the real estate listed in the separate sheet owned by F (hereinafter “each of the instant real estate”) was registered as a provisional registration on June 27, 2005 on the ground of trade reservation on June 24, 2005. However, E filed a lawsuit against F to seek the registration of ownership transfer based on the provisional registration under Seoul Central District Court Decision 2008Gadan7411, thereby winning the judgment on October 15, 2008.

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