logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.08.26 2015가단56189
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) Around November 29, 201, the Plaintiff’s husband E drafted a sales contract that sells one of the loan houses newly constructed on the F-ground of Gangseo-gu Seoul Metropolitan Government in Gangseo-gu to purchase KRW 260 million from D.

The above sales contract is stated as the receipt of D's down payment of KRW 70 million on the day of the contract.

E transferred KRW 40 million to G on December 201, 201, and D recognized the said money as an intermediate payment.

(2) D bears the obligation of KRW 36,174,00 in connection with the F Loan Construction.

(4) On June 27, 2013, the above sales contract was de facto terminated, and D, at the request of E, prepares a notarial deed stating that “The Plaintiff’s agent E and notary public, on June 27, 2013, determined and lent KRW 150 million to D on December 12, 2013 without any interest agreement, as the Plaintiff’s agent E and notary public, as the Plaintiff’s agent E and notary public, as December 529, 2013.”

B. A sales contract between D and the Defendants, etc. (1) 12,18 square meters of H forest land in Chungcheongnam-gun, Hongsung-gun (Inasmuch as the above land was divided into each land listed in the separate sheet on August 28, 2014, the above land was “land before division”) is the land acquired by D around May 27, 197.

D On June 3, 2013, a sales contract for the sale of the said land to the Defendants (hereinafter “instant sales contract”) was concluded, and on June 4, 2013, the Daejeon District Court completed the registration of transfer of ownership transfer (hereinafter “the first ownership transfer registration”) that transfers the said land to Defendant B as KRW 12355 for the receipt of machinery, such as Hongsung Branch of the Daejeon District Court, to Defendant B, as KRW 8,158/12,118, and KRW 3,960/12,118 for Defendant C.

Defendant C, on July 2, 2015, was transferred to Defendant B’s share in each of the instant real estate under the receipt of No. 14905 of July 6, 2015, i.e., Hongsung Branch of the Daejeon District Court on July 6, 2015, following the transfer registration of ownership.

arrow