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(영문) 서울중앙지방법원 2016.12.22 2014가합532403

사해행위취소

Text

1. The contract of donation between the Defendant and C is revoked regarding USD 60,04.35, which was concluded on January 20, 2012.

2. The defendant.

Reasons

1. Facts of premise;

A. On April 30, 2013, A Co., Ltd. (hereinafter “Co., Ltd.”) was declared bankrupt on April 30, 2013 by Seoul Central District Court No. 2013Hahap54, and the Plaintiff was appointed as bankruptcy trustee.

C A worked as a director from March 11, 2005 to September 30, 2010, and the defendant is the wife of C.

B. D’s act of breach of trust against A and the act of breach of trust against C’s duty committed in 2008, which was the representative director of D, concluded a formal sales contract as if it purchased KRW 251,020 square meters (hereinafter “training site”) out of the planned site for a canal and canal of E owned by F Co., Ltd. (hereinafter “F without distinguishing between G Co., Ltd. before and after the mutual change,” hereinafter “F”) in order to raise the acquisition and construction fund, and used it as the funds for the acquisition of the golf course.

D around June 2008, A instructed A’s managing director H to purchase the site of the Training Institute, and H instructed I, the management support team leader of A, to conclude and purchase the purchase contract for the site of the Training Institute, and without examining the suitability of the site for sale and purchase or the evaluation process for its value, H prepared documents related to the contract.

At the time, the parties to the sales contract for the site of the Training Institute were "J, the purchaser A, and the participant F", and the purchase price was KRW 16 billion, but the J was not the owner on the register. On January 10, 2008, the trust registration was completed after the trust contract was concluded by the trustee of the Korea Asset Trust and the National Agricultural Cooperative Federation of the first beneficiary, and on January 10, 2008, the trust registration was completed, and therefore, I regarded it as an inappropriate real estate to enter into the sales contract with D and C several times, but D must be treated accordingly. < Amended by Presidential Decree No. 20583, Jun. 13, 2008>

this is concluded;