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(영문) 대전지방법원천안지원 2017.04.14 2016가합101238
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. The Plaintiff received a endorsement of three promissory notes (a total sum of KRW 451,800,000) issued by Bovine Nations Co., Ltd. Co., Ltd. (hereinafter “C”).

After that, the plaintiff from April 30, 2015 to the same year.

6. Until May 17, 2017, each of the above promissory notes was presented for payment, but all of the said promissory notes was rejected, and C discontinued on May 4, 2015.

B. On May 14, 2015, C entered into a sales contract with the Defendant to sell the real estate listed in the separate sheet (hereinafter “instant real estate”) and the unregistered building on the ground D land in Busan City (hereinafter “instant real estate, etc.”) to the Defendant in the purchase price of KRW 1,300,000,000 (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

The sales amount of KRW 1,300,000 down payment of KRW 50,000 shall be paid and received at the time of a contract. Any balance of KRW 100,000,000 shall be paid on May 14, 2015.

Loans 1,150,000,000 shall be succeeded to the current status.

(1) The special agreement shall be concluded by the seller on the basis of the balance date of all public charges until the remainder.

(3) The purchase price shall be kept in real estate until a permit for factory registration is obtained, and a contract shall be null and void and shall be restored to its original state.

(4) The successful bidder shall succeed to the status set forth in the maximum debt amount of one bank of KRW 1,392,00,000.

(6) The buyer shall proceed with the registration of ownership transfer on the balance date after the registration of ownership transfer, the buyer shall bear the expenses for the registration of transfer and the registration of factory incurred at the time of permission, and the registration of ownership transfer to the person designated by the seller.

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