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(영문) 의정부지방법원 2014.12.18 2014가합4306
사해행위취소
Text

1. The sales contract concluded on December 2, 2010 between the Defendant and C with respect to each real estate listed in the separate sheet is KRW 135,380,480.

Reasons

Basic Facts

The plaintiff is a company with the purpose of wholesale and retail trade, etc., and C is an individual business operator who engages in the business of insane manufacturing, etc. with the trade name of "D."

The Plaintiff from around July 2, 2010 to July 2, 2011 supplied a joint plate to C. The balance of the unpaid goods payment obligation against C is KRW 135,380,480.

C On December 2, 2010, between the Defendant and the Defendant, C entered into a sales contract with the Defendant to sell each of the real estate listed in the separate sheet (hereinafter “instant real estate”) in the purchase price of KRW 422,80,000 (in the event of a contract, an intermediate payment of KRW 120,000,000,000 for an intermediate payment of KRW 12,280,000 until December 15, 2010, and the remainder of KRW 250,280,000 until December 31, 2010) (hereinafter “instant sales contract”).

C and the Defendant, at the time of the conclusion of the instant sales contract, completed the registration of transfer of ownership to the Defendant at the time of receiving the down payment and the intermediate payment, and the Defendant, in principle, shall pay the remaining purchase and sale proceeds on December 31, 2010. However, a special agreement was concluded to pay the remainder of each of the instant real estate at the same time as the cancellation of the provisional disposition registration for the prohibition of disposal, which was completed as of December 28, 2009 by the same registry office as of December 28, 2009.

After that, on December 15, 2010, C completed each registration of ownership transfer for each of the instant real estate on the grounds of the instant sale in the future of the Defendant.

5,577,255,113 won = 6,442,615,600 won deposit claims of KRW 6,442,615,600,513 of the real estate including each of the real estate of this case - Claim 84,30,000 won for the return of deposit money for logistics warehouse lease 190,513 - Of each of the real estate of this case, the value of the real estate of this case excluding the real estate listed in paragraph (12) of the attached Table.

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