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Reasons
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(영문) 대구고등법원 2019.11.29 2018나25299
사해행위취소
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1. The part of the first instance judgment against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer concerning the instant land in the name of H on September 1, 201, in order to construct multi-family houses, etc. on the ground of Daegu-gu G-gu 297 square meters (hereinafter “instant land”), and received the instant building permit in the name of H on December 30, 201.

A neighborhood living facilities and multi-household housing (16 households): In the state of non-construction of real estate sale and sale contract real estate - In the actual state of non-construction: Daegu-gu G, and a building site area: A building with no completion of 297 square meters: A seller indicating that only the structural part of the structural construction is completed, and the permitted area is 624.35 square meters: The seller (owner’s seal imprinting the Plaintiff): (A) The address of the representative director Q Q B (the seal sealing in the name of Q Q Co., Ltd.): The seller and the buyer of the relevant real estate

Article 1 1 / [Sales Price] The buyer is the seller at the following intervals:

- Sales amount of KRW 936,500,00 (printed seals in the name of Q of a stock company) - Sales amount of KRW 936,50,000 (printed seals in the name of Q of a stock company)

List and Amount of Succession

1. J unions: Amount set up to KRW 650,00,000,000 for loans, and KRW 500,000,00 for loans;

2.O: Amount set aside 400,000,000 won, and amount set aside 300,000,000 won;

3. All of the unpaid construction costs: 40,00,000 won for ready-mixed, 40,000,000 won for type molds, 9,500,000 won for distribution service, 27,000,000 won for steel service, and 116,50,000,000 won for steel service.

4. A provider of title shall be paid 20,000,000 won to H;

Article 2 (Transfer and Delivery of Ownership) (1) The seller shall confirm the amount with interested parties from the date of contract to verify the amount from the date of contract, and deliver all rights, etc. to the buyer regarding the above site.

Provided, That the cases determined separately between the seller and the buyer as provided in paragraph (2) shall apply.

(2) Transfer of the right to building permission.

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