beta
(영문) 광주지방법원 순천지원 2018.08.09 2016가단70526

사해행위취소

Text

1. The sales contract concluded on December 12, 2012 between the Defendant and C is KRW 127,50,000,000, regarding the size of 633 square meters in leisure time.

Reasons

1. Basic facts

A. 1) The Plaintiff created a preserved claim from C on February 27, 2012, and the E and F ground wedding hall (hereinafter “instant wedding hall”) at the time of leisure from C on February 27, 2012

(2) On March 23, 2012, the beauty room part of the building: (a) leased each part of the same building among the same buildings; (b) paid KRW 125 million to C for deposit and rent-year; and (c) separately leased KRW 5 million to C; (b) the Plaintiff received a request for delivery from G Co., Ltd., the owner of the building; (c) on August 13, 2012, the Plaintiff moved out of the building; and (d) filed a lawsuit against C for claiming the return of lease deposit under this Court 201Ga341.

3) In the foregoing case, the Plaintiff sought the payment of the total amount of KRW 127,50,000,000 for the lease deposit and the remaining rent and the loan, and was sentenced to a favorable judgment on December 28, 2012, and the said judgment became final and conclusive on February 14, 2013. (b) C sells to the Defendant the total amount of KRW 633 square meters (hereinafter “instant real estate”) located in the state of insolvent on December 12, 2012 (hereinafter “instant sales contract”), and completed the registration of ownership transfer on December 13, 2012.

2) A Co., Ltd. is substantially one of C-1 companies. The Defendant, while using the position of director of G Co., Ltd., registered his father’s name as the director of G, and received some profits from the operation of the instant wedding hall from C. (c) A Co., Ltd. (a provisional registration, etc. established on the instant real estate) was leased KRW 1.7 billion from H, etc. around July 201, and C, etc. jointly and severally guaranteed the loan obligations. On July 4, 2011, the said loan and joint and several liability obligations as the secured claim, E land, F land, and each of the above land’s ground reinforced concrete structure, and building of light-scale steel structure dive roof, all of which were 4 buildings of the instant wedding roof.