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(영문) 광주고등법원(전주) 2019.12.05 2019나10540

사해행위취소

Text

1. The part against Defendant B in the judgment of the first instance shall be revoked.

Section 1 of the attached Table between Defendant B and D.

Reasons

1. Basic facts

A. On October 4, 2010, D Co., Ltd. (hereinafter “Plaintiff”) set the construction price of KRW 2,694,890,000 as KRW 2,69,890 (including value-added tax) and contracted the construction of a new building on the 7th floor and the 1st underground floor in the Seoul Special Self-Governing City. Thereafter, D concluded a contract on March 9, 201 with the Plaintiff to increase the construction price to KRW 2,860,50,000 for the said construction work. (2) The Plaintiff was not paid part of the construction price from D, and thus suspended the said construction work on April 25, 2011.

3) The Plaintiff filed a lawsuit against D on August 29, 2012. The appellate court of the instant case rendered a judgment that “D shall pay 224,585,054 won to the Plaintiff and 15% interest per annum from November 1, 2012 to October 26, 2017; and 20% per annum from the following day to the date of full payment” (the appellate court of the instant case stated in the judgment below as follows: (a) on October 26, 2017, the lower court determined that the construction cost to be paid from D as of April 25, 201, which the Plaintiff suspended construction, was KRW 224,585,05,054; and (b) on October 26, 2017, the real estate was indicated as “real estate” (the first instance court of Jeonju); and (c) on October 21, 2018.

1) On July 25, 2012, D entered into a sales contract with the Defendant Company as its representative, and completed the registration of ownership transfer with respect to each of the above real estate in the Defendant Company on the same day. < Amended by Presidential Decree No. 20357, Jul. 25, 2012>

2) In addition, D entered into the instant sales contract with Defendant B on September 3, 2012 with respect to real estate, and completed the registration of ownership transfer on October 5, 2012. [Grounds for recognition] The fact that there is no dispute, and evidence Nos. 1, 2, and 5 (including serial numbers in the case of additional documentary evidence; hereinafter the same shall apply).

No. 1 and the purport of the whole pleadings

2. The cause of the action.