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(영문) 춘천지방법원 2018.06.21 2017가단55301
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 6, 2015, the Plaintiff purchased KRW 790,500,000 for part of the real estate listed in C and the separate sheet (hereinafter “instant land”) and five parcels, including Chuncheon-si D (hereinafter “other five parcels”), and the down payment is KRW 79,00,000 on the date of the contract, the intermediate payment is KRW 383,00,000,000 and the remainder amount is KRW 328,00,000,000 for the same year.

9.5. The sales contract was concluded to pay C the down payment amounting to KRW 79 million.

B. On January 7, 2016, the Plaintiff did not pay the intermediate payment and the remainder on the foregoing payment date, and C sent a peremptory notice stating that “A cannot extend the payment date again to the Plaintiff as the terms and conditions of the above special agreement have been fulfilled,” and it is reasonable to deem that the contract was virtually invalidated due to the Plaintiff’s failure to pay the intermediate payment and the remainder. However, on the 12th of the same month, the Plaintiff sent a peremptory notice stating that this contract would become null and void if the intermediate payment and the remainder are not paid by the end of the same month.”

C. On January 12, 2016, the Plaintiff deposited KRW 100 million to C and did not pay the remainder, and C, on the premise that the said sales contract was rescinded on the following day, the down payment was confiscated and deposited the said KRW 100 million as part of the intermediate payment.

On the other hand, on January 5, 2016, C had already sold the instant land in KRW 68,6140,000 between the Defendants and the Defendants, but the down payment of KRW 98,00,000 on the date of the contract, intermediate payment of KRW 98,00,000 on the 13th of the same month, and the remainder of KRW 49,01,400,00

2.4. Payment. The payment of the remainder is made and the real estate sales contract for the purpose of offsetting the amount of the remainder by offsetting the right to collateral security (the maximum amount of the claim KRW 439 million) and the cancellation of superficies with respect to the cancellation of superficies (hereinafter “the instant sales contract”) before the payment date of the remainder, and the same year.

1. 14. The Defendants jointly own shares with shares of 1/4.

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