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(영문) 제주지방법원 2020.01.14 2017가단11376
사해행위취소 등
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B’s KRW 70,000,000 and as to the Plaintiff, January 2018.

Reasons

1. Facts of recognition;

A. On July 20, 2017, Defendant B: (a) sold KRW 977,00,000 of the purchase price to the Plaintiff at KRW 3593 square meters (hereinafter “instant land”); (b) concluded a sales contract with the effect that KRW 100,000,000 shall be paid at the time of the contract and the remainder of KRW 877,00,000 shall be paid at the time of the contract and paid at September 5, 2017 (hereinafter “instant sales contract”); and (c) the specific details are as follows.

2. Article 3 of the Terms and Conditions of the Contract shall specify the land in this case on September 5, 2017.

Article 6 (Defendant B) The seller (Defendant B) shall reimburse the amount of the down payment at the end of the contract, and the buyer (Plaintiff) shall waive the down payment and not claim the return of the down payment at the end of the contract, and the part payment shall be returned.

(2) The seller shall deliver to the buyer all documents, such as the consent to use the land necessary for the building permit of the above real estate.

(5) The above real estate shall be sold and sold in installments, and the seller shall deliver documents necessary for land division to the buyer.

(6) Where a building permit is not obtained by the deadline for the remainder payment, the intermediate payment shall be paid 100 million won on the remainder payment date, and if the building permit is issued, the remainder shall be paid.

(b) so that the purchaser may obtain the construction permit as soon as possible. (b)

On July 20, 2017, the Plaintiff paid the down payment of KRW 100 million to Defendant B.

After that, on July 25, 2017, Defendant B requested the Plaintiff to cancel the instant sales contract through E, which represented the instant sales contract, on the grounds that the transfer income tax was imposed more than expected, and the Plaintiff responded to the purport that the Plaintiff would pay penalty, while consenting to the request for cancellation of the said contract.

C. Defendant B remitted KRW 130,00,000 to the Plaintiff’s bank account on September 4, 2017 as the contract deposit and penalty, and the Plaintiff’s payment of KRW 100,000 to Defendant B via the telephone call on the same day and KRW 100,000,000.

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