사해행위취소 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On June 30, 2011, the Plaintiff entered into an agreement with the Hosi Industrial Development Co., Ltd. (hereinafter referred to as the “Sa Apartment Industry”) that “A apartment (hereinafter referred to as “A apartment”) shall transfer the ownership of 30 households designated by the Hosi Industrial Complex (hereinafter referred to as “Sa apartment”) to the Plaintiff” and received the ownership of 23 square meters-type 20 households-type A apartment from the Hoho Industrial Complex.
On April 23, 2014, the Plaintiff entered into an agreement with the head of the U.S. under which “The U.S. shall pay the Plaintiff KRW 370 million up to November 30, 2014, and shall pay damages for delay at the rate of 24% per annum from December 1, 2014 to the date of full payment” (hereinafter “instant agreement”) as damages for nonperformance of the obligation to transfer ownership with respect to the remaining ten generations of the U.S. industry. The Plaintiff jointly and severally guaranteed the Plaintiff’s obligation under the instant agreement against the U.S. industry.
The Plaintiff filed a lawsuit against the Cheongju District Court 2015Gahap80, Cheongju District Court 2015, and the said court rendered a judgment on September 23, 2015, that “The Cheongju Industry and Hoju Housing Development jointly and severally paid to the Plaintiff the amount of KRW 370,000,000 per annum with the interest of KRW 24% per annum from December 16, 2014 to the date of full payment,” and the said judgment was finalized on October 17, 2015.
Since then, only KRW 31,276,221 among the Plaintiff was repaid.
The Plaintiff’s right to claim damages against the Plaintiff’s right to claim for the development of well-known housing was contracted with the Plaintiff for a new construction of two-use officetels (hereinafter “the instant officetel”) outside B and two lots of land (hereinafter “the instant officetel”). On June 27, 2012, the Plaintiff was subject to the fall accident at the construction site, and the Plaintiff and the housing development on April 23, 2014. < Amended by Presidential Decree No. 23548, Apr. 23, 2014>