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(영문) 청주지방법원충주지원 2017.08.09 2016가단5941
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On March 3, 2016, the Plaintiff Incorporated Agricultural Company Promotion Farm Co., Ltd. (hereinafter “Plaintiff”) entered into a contract with the Defendant to purchase KRW 620,00,000 (hereinafter “instant sales contract”) of the purchase price of KRW 1,970 square meters and D forest land 8,492 square meters (hereinafter collectively referred to as “instant forest land”).

The instant sales contract includes a special clause that read, “1. present status is a contract, and 2.3. Transfer of ownership is completed within two months after the contract is concluded.”

B. On March 3, 2016, the Plaintiffs and E respectively issued promissory notes with the following content.

The “instant Promissory Notes No. 2,40,000 won on August 2, 2016, 2016, hereinafter referred to as “instant Promissory Notes No. 1,30,000 won on August 2, 2016, hereinafter referred to as “instant Promissory Notes No. 1,40,000 won,” which is the place of issue, place of payment, and place of payment of the payee’s par value.

C. On March 4, 2016, the Plaintiffs and E prepared, with respect to the Promissory Notes No. 1 in the instant case, a notary public No. 124, 2016, a notary public, with respect to the Promissory Notes No. 2 in the instant case, and issued to the Defendant, each of the Promissory Notes No. 125, No. 2016, a notary public, with respect to the Promissory Notes No. 2

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 5-1 and Eul evidence 5-2, the purport of the whole pleadings

2. The notarial deed of the Promissory Notes asserted by the plaintiffs is given to the defendant as the down payment under the sales contract of this case.

The Defendant, within two months after the contract was concluded, did not perform the registration of ownership transfer of the instant land within two months, and the Plaintiff Company notified the Defendant on May 30, 2016 that the instant sales contract would be cancelled on the grounds of the Defendant’s nonperformance of obligation.

Therefore, the defendant bears the duty to return the down payment under the contract of this case to the plaintiff company.

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