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(영문) 의정부지방법원 2019.04.03 2018가단104894
사해행위취소
Text

1. The plaintiff's main claim is dismissed.

2.(a)

The defendant and C are not less than 185 square meters in Nam-si, Namyang-si.

Reasons

1. Facts of recognition;

A. On May 25, 2004, C Co., Ltd. (hereinafter “C”) concluded a real estate sales contract with the Plaintiff to purchase KRW 280,000,000 (hereinafter “instant purchase contract”) of KRW 185 square meters in Nam-si, Namyang-si, the Plaintiff-owned (hereinafter “instant land”), and paid KRW 28,00,000 to the Plaintiff on August 16, 2004.

B. Since then, C filed a lawsuit against the Plaintiff on the claim for ownership transfer registration of the instant land. On May 12, 2010, the Seoul High Court rendered a judgment on May 12, 2010 that “the Plaintiff shall receive KRW 252,00,000 from C, and simultaneously implement the procedure for ownership transfer registration for the instant land as a result of sale on May 25, 2004” (hereinafter “previous judgment”), and subsequently, the said judgment became final and conclusive.

C. However, the Plaintiff filed a lawsuit claiming interest payment pursuant to the Seoul Central District Court 2012Gahap502996 on the ground that C did not fulfill its obligations, although it provided performance against C pursuant to the previous judgment, and the said lawsuit was concluded upon the confirmation of a decision in lieu of the conciliation on December 28, 2012 (hereinafter “instant conciliation decision”).

Decisions

1. C pays KRW 252,00,000 to the Plaintiff by January 31, 2013.

2. The Plaintiff received the money set forth in paragraph 1 from C at the same time with C:

A. The land of this case is transferred;

B. 1) The process for the registration of ownership transfer is conducted with respect to the instant land’s ground bricks and the 60.66 square meters (hereinafter “instant housing”) on the instant land, and 2) the said housing is named, and

C. The above A.

land described in the subsection (b) and

The housing stated in subsection (a) is a joint security, and the case is "the highest amount of 39,000,000,000 won for the registration of the establishment of a collateral and the collective security E-ownership (hereinafter referred to as "the collective security E-ownership"), which was completed in accordance with No. 79634 of Sep. 18, 201.

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