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(영문) 부산지방법원동부지원 2016.10.19 2016가단200080
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 1, 2007, U2 Energy Co., Ltd. (hereinafter “U2 Energy”) concluded a sales contract with the Plaintiff to purchase each real estate and all of its ground buildings (hereinafter collectively referred to as “each of the instant real estate”) listed in [Attachment 1 and 2] owned by the Plaintiff for KRW 1 billion in the purchase price, and to pay the remainder KRW 150 million in the purchase price after the transfer of ownership (hereinafter “instant First Contract”).

B. The main contents of the First Agreement are as follows.

Article 11 (Matters of Special Agreement)

1.A transfer income tax (including resident tax; hereinafter the same shall apply) of Party A (referring to the Plaintiff; hereinafter the same shall apply) arising from the transfer or acquisition of this article shall be withheld from the balance of the purchase and sale price to be paid to Party A by Party B (referring to oil and energy; hereinafter the same shall apply) and shall be paid to Party A in excess of the balance. If the transfer income tax exceeds the balance, Party B shall be paid.

2. The balance payment date may be changed by consultation with A and B, and Eul may transfer all of its powers to a third party.

At this time, the right to purchase may be transferred in an amount exceeding the sale amount (one billion won) based on this contract.

3.In transferring to a third party the right of purchase under the preceding two paragraphs, a Party A shall not make a claim to Party B under any pretext other than the sale amount (one billion won) based on this Agreement, and in the event that Party B makes a declaration as a transfer amount of at least one billion won, Party A shall pay the transfer income tax only by one billion won, and Party B shall bear the excess amount.

C. On April 2007, the nuclear energy received a loan from the Kanpo Saemaeul Community Fund as a security of each of the instant real estate, and paid to the Plaintiff the down payment and intermediate payment of KRW 850 million.

On January 30, 2015, the Plaintiff is equivalent to the purchase price stipulated in the instant Claim 1 contract from the source energy. However, it can be substituted by the succession to the land security loan.

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