사해행위취소
1. The plaintiff's appeal and the selective claim in the trial are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. On January 20, 2012, the Defendant entered into a share participation contract with a golf business company (hereinafter “the Plaintiff”) with a golf business company (representative L; hereinafter “the Plaintiff”).
B) Between the Defendant and the Defendant’s ASEAN, the Defendant invested KRW 50 million in the room room in the name of the Defendant, and Nonparty Company 301 and 302 (hereinafter “instant store”) in Seo-gu, Daejeon.
A) In a screen golf course, a share participation contract was concluded to operate a screen golf course and distribute profits, and the main contents are as follows (in the case of any part contrary to the dance rules or fishing rules, they are cited as they are:
hereinafter the same shall apply.
(i) Article 3 (Terms of Contracts);
1. In principle, the distribution of profits from the room room shall be distributed to the defendant and the non-party company to 5:5;
2. In principle, when the minimum profit after the commencement of business falls short of the appropriate line, the non-party company shall compensate the defendant for 3% of the monthly investment amount.
3. In principle, rights to all systems and operation necessary for studio shall be operated by the non-party company.
Article 4 (Termination of Contracts)
2. In the event that the non-party company fails to comply with Article 3(1) and (2) of the terms and conditions of the contract, the defendant introduced that the non-party company recruited investors in opening a screen golf course by the non-party company on March 2012. The plaintiff concluded a share participation contract with the non-party company on the same terms and conditions as the above 1) and invested KRW 10 million on March 20, 2012 and KRW 50 million on April 17, 2012, respectively.
B. On January 20, 2012, the non-party company (i) is a new Master New Master, Ltd. (hereinafter “New Master,”) around January 20, 2012.
B) From January 20, 2012 to January 19, 2015, F, who entered into a lease agreement with the instant store to rent KRW 150 million and KRW 2,300,000 per month, and paid KRW 15,00,000 as the down payment to the New F, who entered into a contract with the instant store. (ii) On March 22, 2012, F, who operates E, paid KRW 15,00,000 to the down payment of the instant store, for a construction period of 30 days.