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(영문) 대전고등법원 (청주) 2017.01.24 2015나11947

대여금 및 사해행위취소

Text

1. The judgment of the first instance, including the purport of the claim partially exchanged in the trial, shall be amended as follows.

Reasons

1. Basic facts

A. Defendant C is a corporation established on April 24, 2012 for the purpose of repairing and distributing idle facilities, and Defendant D is a corporation established on February 18, 2014 for the purpose of civil engineering and construction work business.

Meanwhile, since the establishment of Defendant C, H was registered as an internal director, but E was actually operating the Defendant C.

B. On December 16, 2013, I acquired all shares of Defendant C from H in total (i.e., KRW 5 million per share x 1,000 per share x 1,000 shares). On the same day, Defendant C held a temporary general meeting of shareholders on the same day and appointed I as the representative director of Defendant C and in-house director, and passed a resolution to accept H’s resignation. Accordingly, Defendant C was registered as Defendant C’s internal director on the same day.

C. On November 5, 2012, E obtained a successful bid in the voluntary auction procedure for each real estate listed in the separate sheet 1, 2, 3, and 5, and completed the registration of ownership transfer after obtaining a successful bid in the G name. On November 27, 2013, E obtained a successful bid in the voluntary auction procedure for real estate listed in the separate sheet 4, and completed the registration of ownership transfer after obtaining a successful bid in the Defendant

On the other hand, E borrowed KRW 10 million from Plaintiff B and KRW 85 million from Plaintiff A on November 5, 201 in paying the successful bid price for each real estate listed in the separate sheet 1, 2, 3, and 5.

Since then, on November 6, 2013, E completed the registration of ownership transfer in the name of Defendant C on the ground of “sale as of November 6, 2013” with respect to each real estate listed in the attached list 1, 2, 3, and 5.

E. On February 24, 2014, Defendant C entered into a sales contract with Defendant D to the effect that the purchase price for each of the real estate listed in the separate sheet is KRW 1.98 billion (hereinafter “instant sales contract”). On March 3, 2014, Defendant C entered into a sales contract with Defendant D with respect to each of the real estate listed in the separate sheet under Defendant D’s name as to each of the real estate listed in the separate sheet as “the instant transfer registration of ownership” under Defendant D’s name with respect to each of the real estate listed in the separate sheet by the Changcheon District Court,

(1) The Act has been completed.

F. On the other hand, after the sales contract of this case.