사해행위취소
1. The part concerning a request for implementation of the transfer procedure among the lawsuits in this case shall be dismissed.
2.(a)
Attached Form C between the defendant and C.
Facts of recognition
The Plaintiff entered into a funding contract with the Plaintiff and C, and the Plaintiff’s measures to collect the claims, were established for the purpose of manufacturing, exporting, importing, selling, etc. of petroleum and petrochemicals, and newly constructing and operating a charging station on the land surface, E, and one parcel (hereinafter referred to as “heat site”) in e-si, e-si (hereinafter referred to as “the filling station site”) and February 24, 2010 (hereinafter referred to as “each of the instant funding contracts”), and provided C with each of the subsidies of KRW 1 billion on December 30, 2009, and KRW 300 million on February 24, 2010, respectively. < Amended by Act No. 10993, Dec. 30, 2009; Act No. 10223, Feb. 34, 2010; Act No. 1030, Mar.
On December 30, 2009, the Plaintiff entered into a comprehensive collateral security agreement with the debtor as to the land for the filling station, which is owned by F in order to secure the obligation to return the funds provided under the support agreement, with the content that the debtor F, the mortgagee of the right to collateral security, the maximum debt amount of which is KRW 3,125,000,000, and received the comprehensive collateral security on the same day.
According to the contents of each of the instant funding contracts, C is obligated to commence petroleum sales business in the charging station within 10 months from the date of funding, and in the event of violation, C shall refund the principal of the funds provided to the Plaintiff and interest in arrears at the rate of 6.5% per annum.
However, C did not commence the charging station business within 10 months from the date of the funding under each of the instant funding contracts, and even if C received a demand from the Plaintiff for opening several times, C did not start the filling station construction work.
Accordingly, on January 28, 201, the Plaintiff notified the Plaintiff through the content-certified mail on January 28, 201 that it would provide reasonable grounds for the extension of the time limit for commencement of business until February 28, 2011, and if not, it would take interest and legal measures for the loss of the time limit.
On February 21, 2011, C commenced the charging station in March 2010, but there is a construction amount due to design issues.