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(영문) 서울남부지방법원 2015.05.14 2014가합111420
사해행위취소
Text

1. As to each real estate listed in the separate sheet Nos. 1 through (3) between the defendant and B, the defendant and B shall be deemed to have been registered on November 20, 2013.

Reasons

1. Basic facts

A. On November 2, 2006, B Co., Ltd. (hereinafter “B”) constructed and sold a D apartment including each apartment set forth in the separate sheet in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “Co., Ltd.”) and entered into an agreement for warranty of defects for warranty of defects (hereinafter “instant warranty agreement”). Accordingly, the Plaintiff issued five warranty bonds as shown below on the same day.

(1) A guarantee agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement between agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement between agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement agreement

B. 1) The D council of occupants’ representatives requested the performance of the defect repair in B, but failed to perform it, resulting in an accident on April 17, 2008. (2) On December 21, 2010, the Plaintiff paid to the D council of occupants’ representatives the total amount of KRW 106,794,000 (i.e., the security deposit amount of KRW 29,83,629 in the case of 29,83,629 in the case of 29,3 in the case of 29,83,629 in the case of 29,126,7429 in the case of 29,126,7429 in the case of 29,126,50 won in the case of the instant security deposit (i.e., the total amount of KRW 89,240,000 in the same day). However, the Plaintiff claimed the remainder of KRW 17,50,000 in the case.

As of October 31, 2014, the amount of unclaimed indemnity as of October 31, 2014 is KRW 26,303,839 (i.e., principal amount of KRW 17,550,000 delay damages amounting to KRW 8,753,839 (hereinafter “instant unclaimed indemnity claim”).

C. As to each apartment set forth in [Attachment 1] through 3, B shall be the Defendant on November 15, 2013.

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