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(영문) 수원지방법원 2018.09.19 2017가합18906
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On October 21, 2011, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the purchase price of KRW 636,00,000 of the purchase price for each of the land and road shares listed in the separate sheet Nos. 2 and (3), and paid KRW 63,600,000 to the Defendant Company on the same day.

Article 5 The seller shall compensate for the amount of the down payment before the buyer pays the intermediate payment (if there is no intermediate payment agreement, the remainder), and the buyer may waive the down payment and cancel this contract.

Article 6 In the event of default on obligations under this Agreement, the seller or the buyer of the contract may notify in writing the other party who has defaulted on obligations, and may cancel the contract if the other party has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply, unless otherwise agreed on the damages.

Details of the contract-construction under the condition that the factory is 110 square meters in the site shall be attached to the documents subject to special agreement after consultation.

B. The main contents of the first sale contract of this case are as follows.

No. 192 of April 18, 2012, a notary public made a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) stating that “The Plaintiff shall lend KRW 63,600,000 to the Defendant Company on April 16, 2012, and the Defendant Company shall repay in full on June 30, 2012.”

On July 12, 2012, the Plaintiff applied for a compulsory auction on the real estate of the Defendant Company based on the instant notarial deed, and received a ruling to commence the auction on July 13, 2012.

Meanwhile, the Defendant Company purchased from F on April 21, 201, G field 3,464 square meters, H field 298 square meters, and I forest land 56 square meters in common with E, and completed the registration of ownership transfer on each of the above lands on December 12, 201.

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