사해행위취소 등 청구의 소
1. Defendant B shall pay to the Plaintiff KRW 200,000,000 as well as 20% per annum from November 23, 2011 to the date of full payment.
1. Facts of recognition;
A. The Plaintiff’s loan 1) The Plaintiff’s money for Defendant B is the Plaintiff’s land on the said three lots, namely, the land of Hanyang-gu Incheon-gu E 46m2, F forest land 68,340m2, D forest land 14,201m2, etc. (hereinafter the above three lots of land; and the said D forest is the “instant land” among them.
The land originally owned by Defendant B, which was drafted to the Republic of Korea in the early 1970s, was used as an incidental post. However, as a plan for the relocation of a military unit was embodied in 2010, discussions on the sale of the said land were underway. (ii) Accordingly, Defendant B, who held a repurchase right to the said land as the heir of G, borrowed a total of KRW 200,000 from the Plaintiff on November 20, 201 and November 23, 2011, borrowed a total of KRW 200,000,000 from the Plaintiff on December 10, 2012, and paid interest at 20% per annum. < Amended by Act No. 11373, Nov. 20, 2011; Act No. 11303, Nov. 23, 2011>
B. 1) The heir of the instant land and the trust registration made by the Defendant Company (1) had more than 15 persons, other than Defendant B, who hold the right of repurchase on the said land. However, those who held such right of repurchase including Defendant B, etc., including Defendant B, formulate a plan to conduct apartment construction projects by repurchase the said land, and jointly operate the said project.
After selecting B and I entered into a joint venture agreement with H in 2016 on behalf of the repurchase right holders. According to the joint venture agreement, the appraised value of the above land shall be KRW 30 billion, but H shall pay the purchase price directly to the State on behalf of the repurchase right holders, and the remainder of the purchase price, other than the purchase price, shall be paid to the repurchase right holders, and the repurchase right holders shall implement the trust registration procedure for the above land when acquiring the ownership of the above land after full payment of the purchase price. (ii) After the above repurchase right holders, Defendant B and 11, among the above repurchase rights holders, shall implement the trust registration procedure for the above land. < Amended by Presidential Decree No. 2720, Jul. 19, 2016; Presidential Decree No. 17771, Jan. 1, 2000>