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(영문) 서울남부지방법원 2014.05.15 2013가단202384
사해행위취소
Text

1. With respect to real estate listed in the annex:

A. The contract to establish a right to lease on a deposit basis concluded on February 1, 2011 between the Defendant and C.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against C with the Seoul Southern District Court on the ground of a claim for the termination of a lease agreement based on a rent delay, along with a claim for delivery of the three-story neighborhood living facilities and leisure building on the land outside Yangcheon-gu Seoul Metropolitan Government, and the above court accepted the request for delivery of a building as of December 20, 2010 and at the same time granted the request for delivery of a building as of December 20, 2010, and at the same time, against the claim for return of rent and unjust enrichment, “C shall pay to the Plaintiff the amount calculated at the rate of KRW 10,000,000 and the amount calculated at the rate of KRW 2,50,000 from September 30, 2010 to the completion of delivery of the building.” The above judgment was finalized at that time.

(C) On September 12, 2013, in the Seoul Southern District Court case No. 2013Na4536, a subsequent appeal filed on April 3, 2013, the Seoul Southern District Court rendered a judgment dismissing the appeal on the ground that the service of a copy of the complaint and the original copy of the judgment with respect to C is lawful and it is difficult to deem that C has failed to observe the appeal period due to any cause not attributable to C, the subsequent appeal whose appeal period has lapsed was unlawful. (B)

C On February 1, 2011, on the ground of the registration of the Seoul Southern District Court and the contract to establish a right to lease on a deposit basis (hereinafter referred to as the “contract to lease on a deposit basis”) on February 1, 201, the Seoul Southern District Court issued the registration of the establishment of a right to lease on a deposit basis with the Defendant as of February 1, 201, as of the real estate attached to him (hereinafter referred to as the “multi-united apartment”) as of January 31, 201.

(hereinafter referred to as the “registration of creation of chonsegwon”).

At the time of the contract of lease on a deposit basis of this case, C’s property and debts are as follows.

1) C was the only property owned by the instant apartment at the time of establishing the instant lease on a deposit basis. The market price at the time of establishing the instant lease on a deposit basis was KRW 235,00,000. 2) At the time of establishing the instant lease on a deposit basis, C’s obligation was specified as follows.

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