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(영문) 인천지방법원 2013.05.01 2012가합5298

사해행위취소

Text

1. With respect to 2,412.3 square meters in Nam-gu Incheon Metropolitan City:

A. It was concluded on July 20, 201 between Defendant A and C.

Reasons

1. Basic facts

A. (1) On September 28, 2006, Nonparty D cooperative sold KRW 6,129,190,000 from the Korea National Housing Corporation (hereinafter “Korea National Housing Corporation”) (hereinafter “Korea National Housing Corporation”) for commercial land 2,412.3 square meters (hereinafter “instant land”) within the Incheon East-gu Incheon Housing Site Development Project, and paid KRW 4,290,43,000 out of the sales price to the Korea National Housing Corporation.

(2) On November 5, 2007, C succeeded to the status of the buyer of the above land from D Association. On December 27, 2007, C entered into a contract for construction work with the non-party 2, 432, 500,000 construction cost and construction cost, from January 22, 2008 to September 21, 2008, to construct the building with the 4th underground floor and the 12th ground-based neighborhood living facilities (hereinafter “instant building”).

(3) On December 31, 2007, C obtained a loan of KRW 4,900,000 from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), and paid in full the remainder of the sale price of the above land to the Korea National Housing Corporation and KRW 1,838,757,000, overdue interest and KRW 60,905,807. However, the registration of ownership transfer was not completed due to the completion of land partition.

(4) On January 28, 2008, C is a business for which C newly constructs and sells a building on the instant land (hereinafter “instant business”) between Defendant Hanol Trust Co., Ltd. (the trade name at the time was “FIIB trust”; hereinafter “Defendant Hanol Trust”), and Defendant Hanol Trust is a trust contract for sale management aimed at preserving and managing the ownership of the instant land and buildings, protecting the buyer by preserving and managing the ownership of the instant land, and settling the real estate by realizing the trust property if C fails to fulfill its obligation to pay.