(영문) 서울중앙지방법원 2021.01.15 2018가단5102471

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(영문) 서울중앙지방법원 2021.01.15 2018가단5102471

사해행위취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 21, 2017, the Plaintiff filed a lawsuit seeking the payment of hospital debt against D and seeking payment of joint and several surety debt against D around April 21, 2017.

2) On July 16, 2020, the Seoul Central District Court 2017 rendered 528245 (principal lawsuit) and 2018 Gohap 53234 (Counterclaim) with “D shall jointly and severally with E and jointly pay to the Plaintiff 12% per annum from June 1, 2020 to the day of complete payment, and (2) with respect to KRW 8,382,169 and KRW 353,879 from September 13, 2017 to KRW 8,028,29, and from May 11, 2020 to July 16, 2020 to the day of full payment, 12% per annum.”

B. D Co., Ltd. (1) On May 15, 2017, D entered into a sales contract for selling 1/2 shares of each of the apartment units listed in the separate sheet (hereinafter “instant apartment units”) to the Defendants for total purchase price of KRW 319,00,000 (hereinafter “instant sales contract”) and completed the registration of transfer of ownership for each of the Defendants’ respective shares of KRW 1/2 shares on the same day.

2) At the time D and the Defendants: (a) transferred the instant apartment to the Defendants; (b) at the same time, D and D concluded a lease agreement with the Defendants to lease the said apartment to D (hereinafter “the instant lease agreement”).

3) The main contents of the instant sales contract and the lease contract are as follows.

[Main Contents of the instant sales contract] Sales Price: KRW 319,00,000 - Contract Price of KRW 10,000,000 on the date of the contract - The seller who pays KRW 309,000,000 on June 30, 2017 shall deliver all documents necessary for the registration of ownership transfer to the buyer at the time of receipt of the balance of the sales price, and shall cooperate in the registration procedure, and the delivery date of the said real estate shall be June 30, 2017.

The maximum amount of bonds of the FF Cooperative, such as special agreement - the purchaser shall be KRW 236,400,000.

유사 판례

-서울중앙지방법원 2021.01.15 2018가단5102471

-서울고등법원 2021.01.21 2020나2024920

-서울중앙지방법원 2021.01.08 2019가합2440

-의정부지방법원 2021.01.20 2020가합59697