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(영문) 서울서부지방법원 2015.11.20 2014가단38411
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. The Defendant and C Co., Ltd were concluded on September 28, 201.

Reasons

1. Facts of recognition;

A. On July 15, 2010, the Plaintiff entered into a contract with C Co., Ltd. (D Co., Ltd.; hereinafter “Non-Party Co., Ltd.”) for the sales of commercial buildings in the Eunpyeong-gu Seoul Metropolitan E apartment complex and caused the Non-Party Co., Ltd. to conduct the sales of commercial buildings. The Plaintiff entered into the contract with the Non-Party Co., Ltd. for the sales of commercial buildings in the above E apartment complex. The sales revenue (the amount exceeding KRW 13,00,00 per square year out of the sales price) under the above contract and the sales commission (5% of the total sales price) in 2010 and KRW 1,260,200,040,370,370,08 [this amount shall be 917,300,000,000 among the above commercial buildings] 103,106, and real estate in the attached list (hereinafter “the real estate in this case”).

) Each payment was made in the manner of payment in kind. On 2011, the non-party company paid an aggregate of KRW 579,020,000 (including value-added tax) to the company, which was delegated by the non-party company to sell part of its business at the request of the non-party company, and paid KRW 3,209,590,048 (including value-added tax)

B. On August 19, 2011, Nonparty Company received the instant real estate from the Plaintiff as payment in kind, and completed the registration of ownership transfer as Seoul Western District Court No. 48412, which received on August 23, 2011.

C. The Plaintiff paid KRW 291,780,912 of value-added tax on the sales commission to be paid by the non-party company to the non-party company in excess of the sales commission of KRW 153,677,738 and the non-party company paid KRW 291,780,912 to the non-party company, and on May 31, 2012, the Plaintiff filed a lawsuit against the non-party company for damages claim against the non-party company as Seoul Western District Court 2012Gahap6394, and on February 8, 2013, the above court rendered a judgment that "the defendant (the non-party company) shall pay to the Plaintiff KRW 431,487,947 and damages for delay from December 19, 2012."

The defendant respectively lent to G KRW 300,000,000 on May 18, 2005, KRW 200,000,000 on May 10, 2007, and KRW 250,000,00 on July 29, 2005, and thereafter lent from G.

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