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(영문) 서울중앙지방법원 2017.05.12 2015가단5333663
사해행위취소
Text

1. As to the real estate listed in the separate sheet No. 1 list between Defendant B and Nonparty E, a pre-sale agreement entered into on December 2, 2014.

Reasons

1. Basic facts

A. G’s claim for settlement of investment accounts is the F’s representative director, a corporation with the business purpose of automobile-related facilities and operation business, and the agreement was reached between G and G, which has invested in the business of building the above company’s building in Young-gu, Young-gu and jointly conducted the business on April 6, 2013, to terminate the business agreement and determine the settlement amount of G’s investment amount as KRW 1.7 billion and to pay it to G.

(B) this agreement is referred to as “the settlement agreement of the instant investment funds.”

G’s transfer of credit to the Plaintiff and I transferred on October 10, 2014 all rights, such as the instant claim for the settlement of investment funds, to the said E.

Plaintiff

On September 15, 2015, G notified E of the transfer of the above credit.

C. On December 2, 2014, E entered into a pre-sale agreement with Defendant B, one of his children, regarding the real estate listed in the attached Table 1 list, and completed the registration of the right to claim the transfer of ownership under Defendant B’s name on December 3, 2014 as Seoul Central District Court Receipt No. 28206 on the ground of the pre-sale agreement.

E’s active property status 1) as of December 2, 2014, which was at the time of the promise to sell and purchase this case to Defendant B, owned real estate listed in the attached Table 1 as of December 2, 2014. At the time of the attached list 1, the market price was approximately KRW 600,000,000 and the aggregate amount of the maximum debt amount was KRW 412,80,000,00. Meanwhile, at the time of the attached list 1, E owned land and buildings located in Jung-gu, Incheon at that time, but E owned the land and buildings located in Jung-gu, Incheon, but on the other hand, the appraised value during the voluntary auction procedure conducted in the Incheon District Court K was 9,753,840, on the other hand, each of the above real estate was 500,000,000 won with the maximum debt amount of KRW 1,50,000,000,000 as at the time of acquisition of the above property value.

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