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(영문) 울산지방법원 2017.03.22 2016가합20608

사해행위취소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a person who runs the building business.

B. On October 7, 2013, between D and D, the Plaintiff entered into a subcontract to enter into a contract with the amount of KRW 250,000,000 of the construction cost of the aggregate construction among the multi-household housing construction works on the land of Ulsan-gu E (hereinafter “instant land”).

(hereinafter referred to as “instant subcontract”). (c)

The subcontract of this case is written by the plaintiff as the contractor D and the contractor, and in addition, the name and the signature of C is written as the joint and several surety of the contractor.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) Although the Plaintiff completed the instant framework construction in accordance with the instant subcontract, C, a joint guarantor of the instant subcontract, did not pay KRW 250,00,000,00 for the construction cost of the instant aggregate construction. Thereafter, C entered into a contract for a change in the name of the owner on February 17, 2014 with respect to each real estate indicated on the attached real estate, which is one of its sole property, under insolvent. The instant contract for change in the name of the owner shall be revoked within the scope of KRW 250,000,000, which is the amount of the preserved claim, as a fraudulent act, within the scope of KRW 250,000,00, which is the amount of the preserved claim, and the Defendant’s assertion that it was not present at the site of the instant subcontract, and there is no fact that C, a joint guarantor, was signed as a joint guarantor.

Therefore, since the plaintiff's claim for subcontract consideration against C, which is the preserved claim in the claim for revocation of the fraudulent act in this case, is not recognized, the plaintiff's claim in this case is without merit.

B. In full view of the following facts and circumstances acknowledged as a whole in the testimony of D, the instant subcontract agreement A.