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(영문) 대전지방법원천안지원 2016.02.17 2015가단10666
사해행위취소 등
Text

1. The agreement between the defendant and C on June 21, 2014 entered into between the defendant and C is invalid.

2...

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence 1-1, 2, 2-2, 5-3, 5-6, 7-1, 7-2.

The Plaintiff asserted that the sales contract concluded on November 29, 2002 on November 29, 2002 with respect to the E- 2,975 square meters of forest land in Seocho-gu, Seoul Special Metropolitan City (hereinafter “C”) and Dong-gu, Chungcheongnam-gu, Incheon Special Metropolitan City (hereinafter “C”) had not been implemented due to C’s causes attributable to C. The Plaintiff filed a lawsuit against C, claiming for the return of KRW 250,000,000,000, and for the payment of KRW 100,000,000,000 for penalty, with the Daejeon District Court Support 2005,4833, the purchase price return, etc.

On March 15, 2007, the above court rendered a judgment in favor of the plaintiff (hereinafter "the first judgment of this case") that "the defendant shall pay to the plaintiff 350,000,000 won with interest of 20% per annum from December 9, 2006 to the date of full payment," and the above judgment became final and conclusive on April 11, 2007.

B. On February 21, 2002, C claimed the cancellation of the sales contract concluded with the Defendant on the instant land, and filed a lawsuit claiming the return of down payment of KRW 30,000,000 and penalty of KRW 30,000 against the Defendant, Daejeon District Court 2006Gadan24366, claiming the return of down payment against the Defendant.

On January 19, 2007, the above court rendered a judgment of winning part of the plaintiff (hereinafter "the second judgment of this case") that "the defendant shall pay the plaintiff 30,000,000 won and interest thereon at the rate of 20% per annum from December 14, 2006 to the date of full payment" (hereinafter "the second judgment of this case"), and the above judgment became final and conclusive around that time.

C. C and the Defendant, as indicated in the attached Form on June 21, 2014, paid KRW 10,000 to C, as well as renounced the Defendant’s loan claim against F.

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