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(영문) 대전지방법원 서산지원 2018.07.12 2017가합51039

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

1. Basic facts

A. The Plaintiff’s acquisition of the transferred money claim 1) D Co., Ltd. (hereinafter “D”).

(E) March 13, 2012, E Co., Ltd. (hereinafter “E”)

(D) the land listed in Section 1 of the [Attachment List No. 1] owned by D (hereinafter “instant land”).

3) The construction of multi-family house on the ground (hereinafter “instant construction”)

B) The construction cost was set at KRW 850 million (excluding value-added tax); the construction period was set from March 15, 2012 to June 30, 2012; and the construction period was set at KRW 850,000,000 (excluding value-added tax); and (2) E discontinued the construction of the instant construction after completion of the structural construction of the underground floor and the first floor of the ground and the ceiling construction among the instant construction works.

3) D) On July 25, 2012, F Co., Ltd. (hereinafter “F”)

(4) On February 25, 2013, inasmuch as the construction cost of the instant construction is KRW 850 million, and the construction period is from August 1, 2012 to October 31, 2012, F resumed succeeded to the contractor’s status based on the construction contract between D and E, and subsequently suspended construction on or around December 14, 2012, by asserting that F had the claim for the construction cost of KRW 703,808,649 against D, and that F transferred the said claim for the construction cost of KRW 703,80,000 to the Plaintiff on February 25, 2013, F notified D of the transfer of the said claim for the construction cost of KRW 703,808,649.

B. On April 17, 2013, the Plaintiff filed a lawsuit against D on April 17, 2013 against D seeking payment of KRW 703,808,649, the acquisition amount of KRW 355,724,930, and the amount of KRW 355,724,930 from May 8, 2013 to December 31, 2014; and KRW 20% per annum from the next day to the date of full payment; however, the Plaintiff appealed against the judgment of the first instance court, and the said appellate court rendered a final judgment on September 29, 2016, which became final and conclusive on December 16, 2016.

C. Defendant B’s real estate acquisition and trust circumstances 1D.