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(영문) 인천지방법원 부천지원 2017.02.14 2016가단102599

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. 1) The Plaintiff is a legal entity that runs the joint marketing processing and sales business. 2) The Plaintiff Company B (hereinafter “B”) is a legal entity that engages in the business of manufacturing construction materials, etc., and the following B.

As indicated in paragraph (3), C becomes the representative director and was established on October 1, 2014, and established on October 3, 2014.) Defendant Leecheon Industry (hereinafter “Defendant Leecheon Industry”) is a corporation that engages in the manufacture, sale, etc. of temporary materials for building, and Defendant A (hereinafter “Defendant A”) is a corporation that engages in the manufacture, sale, etc. of waterway pumps and building materials.

B. B’s establishment and business circumstances 1) Defendant Lee Dong-dong Industries is the D and E (hereinafter “E”) on July 8, 2014.

2) From the perspective of this case, the building of F factory site of 1,470 square meters in Kimpo-si in Kimpo-si in which E business place is located and 3 Dong factories on its ground (hereinafter “instant real estate”).

(2) On the other hand, C proposed that it will give priority to the supply of oil pumps that are produced and paid rent by leasing the instant real estate, etc. to the Defendant Leecheon Industries, and that it will operate the instant real estate, etc., and that it will give priority to the supply of oil pumps that are produced and paid as rent.

On July 8, 2014, Defendant Leecheon Industries entered into a lease agreement that leases the instant real estate in KRW 3,000,000 without a deposit.

The evidence No. 1 of Eul contains a change between the lessor and the lessee, but it is obvious that it is a clerical error.

3) C was engaged in the manufacture and sale of water pumps, etc. using the instant real estate as the place of business. On October 1, 2014, C established B and took office as the representative director. B around the completion of the corporate entrepreneur registration, B appears to have re-established a lease agreement on the instant real estate between Defendant Leecheon Industries and submitted it to the tax authority (this court's Kimpo Tax Office on September 21, 2016).