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(영문) 전주지방법원 2016.01.22 2014가합6205

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 is well known of “F” in Kim Jong-si, and G transferred all of the building materials and fixtures of “H” that the Plaintiff had operated, and died on October 26, 2013 while operating “I.” Defendant B is a child of G and registered as “D” in the name of “D,” while the Plaintiff was working in G as an infant of G, and Defendant C is a partner of G and transferred the name of D from “B after the death of G.”

B. After completing the business registration of H on May 1, 2001 under the name of J, and thereafter conducting the construction materials leasing business with J, on October 9, 2006, G sold all of the construction materials and fixtures of H to the Plaintiff at KRW 81,248,000, and the purchase price claim was prepared in a sales contract stating that the Plaintiff shall offset the Plaintiff’s loan claim of KRW 104,000,000 against the loan claim of KRW 104,000 (hereinafter “sales contract as of October 9, 2006”), and was certified as a deed signed by a private person on March 8, 207. (c) On October 9, 2006, the Plaintiff actively prepared a sales contract with the Plaintiff for the purpose of operating the construction materials for the purpose of leasing business, and each of the above contracts prepared a sales contract with the Plaintiff on September 27, 2006, respectively.

D. Around June 30, 2012, the Plaintiff and G drafted a letter of agreement (hereinafter “written agreement”) with the following contents, and G continued to operate I together with Defendant B.

1. G shall leave the F immediately after the gold day and may enter the F only when the plaintiff's consent is required for business.

2.The operation of the I Project shall continue to be in operation, and the G shall assume and repay all obligations with respect to I.

3.After completion of the settlement of debt with respect to I, I’s business rights and ownership shall be transferred to G in whole.

4. The full amount of the purchase price for the Kim Jong-do land.