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(영문) 서울서부지방법원 2017.07.19 2016가단6142
사해행위취소
Text

1. Of the instant lawsuit, the part demanding the revocation of the sales contract concluded on March 15, 201 between the Defendants shall be dismissed.

Reasons

1. Facts of recognition;

A. The network E is a person who, around 1994, engaged in G lent Building Project on two lots, including F in Suwon-gu, Suwon-si, Suwon-si, and two lots (hereinafter “instant lot”). The Plaintiff is a person who lent KRW 100 million to the network E with construction funds, and D supplied building materials, such as bricks, to the network E’s above construction site.

B. Around 196, D entered into a contract with the network E on the condition that the purchase price shall be KRW 75 million with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) for the payment of the construction material price, and the payment shall be offset by the claim for the construction material price of KRW 45 million against D’s claim for KRW 45 million against D’s claim for the construction material price, and that the remainder of KRW 30 million shall be paid (this document No. 1, however, the date of preparation of the contract shall be written as of March 10, 1995; hereinafter “instant contract”).

C. Defendant C, the owner of the instant land, completed the registration of ownership preservation of the instant real estate on August 20, 1996.

On October 25, 1996, the network E transferred to the Plaintiff KRW 26 million out of the purchase price bonds for D under the instant sales contract.

E. On December 12, 2006, Defendant C sold six materials, including D, and eight households (including the instant real estate, and the said real estate is sold to D) out of GD newly constructed on the instant land between Defendant C and the construction business operator, and six buyers, including D, jointly and severally drafted an agreement on payment of KRW 130,000,000 for the purchase price to Defendant C (Evidence 3).

F. On May 24, 2009, the Plaintiff received a loan certificate (Evidence A 1) from D that “within one month after completing the registration of ownership transfer in the name of D with respect to the instant real estate, D will pay to the Plaintiff KRW 25 million.”

G. On October 23, 2011, the Plaintiff and D drafted the following written agreements (Evidence A5).

- D will pay to the Plaintiff the remainder of the real estate purchase price of this case 25 million won.

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