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(영문) 서울중앙지방법원 2015.08.19 2014가합563537
사해행위취소
Text

1. The plaintiffs' primary claims are dismissed.

2.(a)

On November 15, 2011, between the Plaintiffs and Defendant D and E, Defendant C.

Reasons

1. Basic facts

A. On February 18, 2011, Defendant C entered into a contract to establish a right to lease on a deposit basis with respect to the real estate listed in the attached Table 1 (hereinafter “instant real estate”) (hereinafter “instant real estate”) as indicated in the attached Table 1 (hereinafter “the instant real estate”), and completed the registration of the establishment of a right to lease on a deposit basis (hereinafter “right to lease on a deposit basis”) with the Seoul Central District Court No. 9870, Feb. 18, 2011.

B. The Plaintiffs asserted against Defendant C as Seoul Central District Court 201Kadan4929, which was concluded between the Plaintiffs and Defendant C, that the sales contract for the preservation of H Nos. 502 mobile H Nos. 502 (hereinafter “H 502”) was terminated. The Plaintiffs asserted that the sales contract was terminated later as to the real estate indicated in the separate sheet Nos. 2 (2) and that the claim for the refund of the purchase-price amounting to KRW 900 million was a preserved bond and applied for a provisional attachment on October 26, 201 with regard to the instant claim for the right to lease on a deposit basis against Defendant C’s entertainment. Accordingly, the registration of the entry in the instant real estate was completed on November 3, 2011.

Since then, the plaintiffs filed a lawsuit against the defendant C and I on April 26, 2013 by filing a claim for the return of purchase price of the above KRW 900 million (hereinafter "claim for the return of purchase price") with the Seoul Central District Court Decision 2012Gahap8334 ("the lawsuit for the return of purchase price") and rendered judgment on April 26, 2013 that "the defendant C shall deliver real estate listed in the separate sheet (Attachment 2) from the plaintiffs to I jointly with the plaintiffs, and simultaneously pay to the plaintiffs 90 million won and the amount calculated by the rate of 5% per annum from September 4, 2009 to the date of full payment." The above judgment was finalized around that time.

C. Meanwhile, around November 15, 201, Defendant C issued a promissory note in Seoul Special Metropolitan City (hereinafter “instant promissory note”) at the face value of KRW 400 million in its own Dong book, the issue date, November 15, 201, May 15, 201, the due date, May 15, 2012, the issue date, the place of payment, and the place of payment, and the issuance of the relevant promissory note in Seoul Special Metropolitan City (hereinafter “instant promissory note”).

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