채권자취소 등 청구
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant New Franc Co., Ltd.’s implementation of the instant project and conclusion of the contract with the Plaintiff) Defendant New Franc Co., Ltd. (hereinafter “Defendant New Franc”).
(2) The project is a joint housing construction project (hereinafter referred to as the “instant project”) in the area of 417-2 and 246 lots of land, Young-gu, Young-gu, Young-gu, Chungcheongnam-gu, Gidong, and
(2) On June 3, 2008, the Plaintiff concluded a loan agreement with Defendant New Housing Corporation and 16 financial institutions (hereinafter “the instant financial institutions”) such as the Plaintiff and Defendant New Housing Corporation and Korea Bank entered into an agreement on the overall business relating to the instant business (hereinafter “instant business agreement”) on June 3, 2008, including the scope of each party’s business, the principal terms and conditions of the loan agreement, the management and construction conditions of the funds, and the transfer of the project execution right (hereinafter “instant business agreement”), and Defendant New Broadcasting entered into a loan agreement with the instant financial institutions to borrow KRW 265 billion in total for the purpose of raising the funds of the instant business (hereinafter “instant loan agreement”). The Plaintiff jointly and severally guaranteed this agreement.
3) On June 12, 2008, Defendant New Franc changed its trade name in one asset trust (stock company’s multi-real estate trust).
(B) With respect to the instant project site, the first beneficiary was the instant financial institution, and the second beneficiary was the Plaintiff, and on September 28, 2010, the approval of the housing construction project plan of the instant project was obtained from the Young-si market. (B) From June 2009 to November 2015, the Plaintiff lent KRW 26,34,537,517, in total, to Defendant New U.S., for the purpose of paying interest on the instant loans to the instant financial institution from June 2009 to November 2015.
2. Meanwhile, with respect to the plaintiff, it shall be governed by the creditor bank agreement.