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(영문) 의정부지방법원고양지원 2015.11.25 2014가단9871
사해행위취소
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against E on the claim for the price of goods with Seoul Southern District Court 2013Gahap12137, and was sentenced to the judgment ordering the payment of KRW 30 million on November 19, 2013 and the damages for delay calculated at the rate of 20% per annum from May 24, 2013 to the date of full payment. The above judgment became final and conclusive on December 10, 2013.

B. On August 5, 2011, E entered into a sales contract with the Defendants at KRW 270,000,000 (hereinafter “instant sales contract”) on August 5, 201 with respect to the amount of KRW 1,200 square meters for each of the instant real estate owned by the Defendants on October 5, 201, and completed the registration of ownership transfer for each of the instant 1/2 shares to the Defendants on October 5, 201.

C. At the time of the instant sales contract, E’s active property is as follows.

The details of this case are as follows: (a) the value at the time of the sales contract of this case (won) Nos. 301, 296,00,000, 173,901,000, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul at the time of the sales contract of this case: (b) Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 281,685,000, 14,95 square meters of 179,940,940,940, 179,940,000 JT-gun, JT-gun, 2,965 square meters of 74,125,000, 2,013 square meters of 50,325,000,279,521,832,000,269,607,708,7080

D. At the time of the instant sales contract, E’s obligations are as follows.

Plaintiff 300,000,000 Bupyeong Agricultural Cooperative 620,000,000 Busan Agricultural Cooperative 180,000,000 M 50,000,000 M 380,000,0000 380,000,0000,0000 N 50,000,0000,0000 won agricultural cooperative per agricultural cooperative 380,000,000,000 capital gains tax, 30,000,000 capital gains tax (30,421,210, 3,277,680, 680 local taxes, 3,961,50 aggregate 1,647,60,321

E. On March 15, 2010, Pyeongtaek Agricultural Cooperative completed the registration of creation of a mortgage over the maximum debt amount of KRW 936,000,000 with the instant real estate and other real estate owned as joint collateral (hereinafter “the maximum debt amount of KRW 806,00,000), and on September 29, 201, paid KRW 120,000 out of the secured debt amount of KRW 620,000,000, out of the said secured debt of KRW 620,000 as of September 29, 2011.

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