(영문) 서울고등법원 2020.01.16 2019나2037029

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(영문) 서울고등법원 2020.01.16 2019나2037029

사해행위취소

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1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for dismissal or addition as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

2. The 3 payment date column in the table at the bottom of the third part of the judgment of the court of first instance shall be applied to the phrase “ January 11, 2018” to read “ January 16, 2018.”

3.In addition, the following shall be added to the sixth, tenth, the decision of the first instance:

"No.4 days after the Defendants entered into the instant sales contract, the registration of ownership transfer was completed with respect to real estate recorded in the separate sheet without taking over the collateral obligation on real estate listed in the separate sheet as stated in the instant sales contract. However, as seen earlier, D wanted to take up a sales contract without making it possible for the Defendants to make a sales contract while receiving KRW 50 million for a provisional contract. The Defendants should have a director upon termination of the existing apartment lease contract for the purpose of raising the purchase price. However, D’s inevitable payment of the purchase price was made under mutual agreement before the remainder of the sales contract ( February 28, 2018). Accordingly, D’s payment of the ownership transfer registration was determined to have been made in accordance with the separate sheet as follows: (a) the seller would have received KRW 230 million from the seller’s final payment of the purchase price to the seller; and (b) the seller would have received KRW 100,000,000 from the seller’s final payment of the purchase price (see, e.g., Supreme Court Decision 2000.

In addition, the Defendants later completed the registration of ownership transfer with K Bank, a collateral security right holder.

참조조문

-민사소송법 제420조

유사 판례

-서울고등법원 2020.01.16 2019나2037029

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-서울서부지방법원 2015.05.07 2014가합4620

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