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(영문) 인천지방법원 2015.01.15 2013가합2449

사해행위취소 등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted as follows. A. The plaintiffs asserted as follows.

Plaintiff

M entered into a contract with P on August 29, 2010, with regard to the construction of a new building on each land listed in attached Table 3 List 1 (hereinafter “instant construction project”), setting the price of KRW 720,000,000 as the cost for the construction of the instant construction project, and entered into a contract with Defendant N on April 1, 201, to sell the instant land to Defendant N and to accept the unpaid obligation for the construction cost incurred after March 22, 2011.

Since then, the Plaintiffs, other than Plaintiff M, entered into each contract with Defendant N to receive some of the instant construction works, such as the date and time/type of business, and the contract price column, as indicated in attached Table 1, and each of the buildings listed in attached Table 3 List 2 (hereinafter “the instant building”) was completed by executing the construction in accordance with the said contract. The said Plaintiffs received only the amount indicated in the above list payment column from Defendant N.

B. Therefore, Defendant N has the obligation to pay the Plaintiffs, other than Plaintiff M, the respective money in the column for the amount unpaid in the attached Form 1, and the damages for delay with respect to each of the above money.

C. In addition, on February 9, 201, when the funds of the instant construction are insufficient, the Plaintiff M borrowed KRW 200,000,000 from Defendant N as collateral for the instant land from Defendant N with the arrangement of Defendant N on February 9, 201. DefendantO made a registration of the establishment of a collateral for the instant land with the maximum debt amount of KRW 250,000,000, Qu, DefendantO, and the Plaintiff M, and paid KRW 200,000,000 to Defendant N., by means of remitting only KRW 130,000,000 (the above KRW 200,000,000 - the above KRW 130,000,000,000) paid to the Plaintiff M, and thereafter, Defendant N embezzled embezzled to the Plaintiff on March 1, 201.