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(영문) 서울북부지방법원 2015.07.07 2014나6983
사해행위취소등
Text

1. Revocation of a judgment of the first instance;

2.(a)

On April 2, 2014, the real estate stated in the separate sheet between the defendant and C is located.

Reasons

1. Facts of recognition;

A. C filed a lawsuit against D, E, F, G, H, I, J, K, and L (hereinafter “D et al.”) with the Seoul Northern District Court 2007Gahap11228, Nov. 13, 2008, upon receipt of payment of KRW 265,10,000 from C, and upon receipt of payment from C, C of the same apartment as indicated in the separate sheet (hereinafter “instant apartment”) (hereinafter “instant apartment”) Nos. 301, 701 and 301 of the apartment as indicated in the separate sheet (hereinafter “instant apartment”) (hereinafter “instant apartment”) with respect to each of 1/9 shares of each of the 1/9 shares of the apartment as stated in the separate sheet (hereinafter “instant apartment”), the above judgment became final and conclusive around the time when the execution procedure for the ownership transfer transfer registration was conducted on March 29, 2005.

B. The Plaintiff filed a lawsuit against C with the Seoul Central District Court 2009Gahap1615 and received a judgment in favor of part of the Plaintiff that “C shall pay to the Plaintiff 174,790,157 won and 86,000,000 won with interest rate of 30% per annum from September 25, 2009 to the day of full payment.” The above judgment became final and conclusive around that time as the withdrawal of the Plaintiff’s appeal.

(hereinafter referred to as the “instant loan”) C. The amount recognized by the above judgment.

C On January 1, 2014, between the Defendant and the Defendant, entered into a sales contract with the content that the instant apartment was sold to the Defendant in the purchase price of KRW 180 million (the balance of KRW 18 million on the date of the contract, the balance of KRW 162 million on the date of the contract, and the payment on January 6, 2014), and then entered into a new sales contract with the Defendant on April 2, 2014, in lieu of the sales contract as of January 1, 2014, the instant apartment was sold to the Defendant in the purchase price of KRW 180 million (the balance of KRW 18 million on the date of the contract, the balance of KRW 162 million on the date of the payment on April 11, 2014).

(hereinafter “instant sales contract”). D.

On the other hand, on January 1, 2014, C, even with the Defendant-friendly job offering NO, the apartment of this case No. 301, the purchase price of which is KRW 180,000,000.

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