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(영문) 서울고등법원 2020.01.08 2018나8745
매매대금반환 및 사해행위취소 청구
Text

1. Of the judgment of the court of first instance, the part against the Defendant B in the judgment is modified as follows.

E and Defendant B.

Reasons

Basic Facts

On July 18, 2014, the Plaintiff entered into a sales contract with E Co., Ltd. (hereinafter “E”) on the condition that the Plaintiff would purchase KRW 3,372/5,413 shares of 336,60,000 (hereinafter “sales contract as of July 18, 2014”) out of KRW 5,413 square meters in Y-si (hereinafter “instant G-dong land”). The main contents of the said sales contract are as follows.

Article 2:50,000 won of down payment, intermediate payment 40,000,000 won, when entering into a contract, shall be paid on July 21, 2014; and the remainder 246,600,000 won on September 12, 2014.

Article 6. 2: The seller (E.I. ; hereafter the same shall apply in this paragraph) reimburses 3.5 times the down payment; the buyer gives up the down payment; and the seller does not claim the return of the down payment. As to the instant real estate under Article 7.3, the seller shall be liable for and cancel the registration of the establishment of a neighboring real estate under No. 9852 on April 2, 2014 at the same time as the purchase-sale prohibition order is received. The Plaintiff paid 50,00,000 won on July 18, 2014; 40,000,000 won on July 41, 2014; 3.5.3.40,000,000 won on July 21, 2014; 1.45.7,000,000 won on July 29, 201, each of the sale/sale shares of the instant real estate under the name of E.

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