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(영문) 서울중앙지방법원 2016.10.11 2014가합19627

사해행위취소

Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Facts of recognition;

A. The relationship between E and C and the occurrence of preserved claims 1) E (hereinafter “E”)

F) The F, who was in office as the representative director, is the G 4,961.9m2 (hereinafter “G land”) in Sungnam-gu, Sungnam-si.

) and D large scale 4,640 square meters (hereinafter “instant land”).

(2) On the other hand, F purchased G land from the Korea Land Corporation on February 28, 2001 and completed the registration of ownership transfer under the name of E on June 9, 2003. 2) F acquired the instant land through C Co., Ltd. (hereinafter “C”), which it actually operates, and subsequently promoted the instant project. Accordingly, on December 7, 2006, H, who is a Dong clerk, was assigned to C’s representative director.

3) E lent KRW 3 billion on December 29, 2009, and KRW 6 billion on February 10, 2010 to C with the purchase fund of the instant land. 4) When F died on June 14, 2010, H resigned resigned from the office of the representative director of C on June 23, 2010, and I, who was a director of E, was appointed as the representative director of E and C on June 23, 2010.

B. C’s promotion of the instant project 1) If it is difficult to implement the project in G land due to the completion of the provisional disposition registration on G land by E’s creditors after the F death, and C is the business of newly constructing and selling officetels, neighborhood living facilities, and cultural facilities only for the instant land (hereinafter “instant business”).

2) As to the instant project, C entered into a loan agreement (hereinafter “the instant loan agreement”) with the company, the contractor, the company, the company, and the company, the contractor, the company, the company, and the company, the company, the company, the company, and the company, the company, the company, the company, and the company, the company, the company, the company, the company (hereinafter “the company,”) on September 17, 2010.

The contents of C are set on September 19, 201, which is 66 billion won from the lender.