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(영문) 대구지방법원 2016.12.21 2015나302411

사해행위취소

Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 1, 2010, the Plaintiff entered into a contract for the supply of raw money with the Korean Livestock Farming Association (hereinafter “agricultural Partnership”) and continued to supply the raw money. As of January 28, 2013, the Plaintiff had a claim for the purchase of goods amounting to KRW 2,841,030,151.

B. On the other hand, on December 20, 201, an agricultural partnership awarded a new construction contract on the instant land owned by the Defendant, for the real estate listed in the attached Table 2, including neighborhood living facilities, warehouses, business facilities, etc. (hereinafter “instant building”). On the date of commencement, the date of commencement is December 29, 201; on May 31, 2012; on the date of completion of the construction work, the construction cost is KRW 1,936,00,000 (i.e., the supply price of KRW 1,760,000,000, value-added tax of KRW 1760,000,000). On the other hand, the agricultural partnership entered into a contract for the construction project (hereinafter “instant contract”) with the content that the contract bond shall be paid in cash to the Defendant prior to the conclusion of the contract; and on the remainder of the construction cost shall be paid in comparison with the construction period.

Since then, on December 31, 2012, the agricultural partnership and the Defendant concluded an additional construction contract with the content that the construction period will be changed to January 31, 2013, adding the additional construction cost to KRW 550,000,000 (=value 50,000,000 value-added tax (value 50,000,000) due to design modification to the total construction cost to be changed to KRW 2,486,00,000.

Around January 31, 2013, the Defendant completed the instant building.

C. The agricultural partnership did not fully pay the construction cost under the instant contract to the Defendant, and the Defendant used the second floor of the instant building as the site management office, after completion, as the Defendant’s principal office, and continuously occupied the instant building while leasing the first floor.

On January 29, 2013, an agricultural partnership completed the registration of ownership preservation under the name of the agricultural partnership on the instant building, and on the same day, the following is the case between the Defendant and the corporeal movables listed in the attached Table 1.