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(영문) 광주지방법원 2020.11.24 2019가단540478

사해행위취소

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The instant lawsuit is dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are the members of a regional housing association (hereinafter “non-party association”) and the non-party association is a regional housing association established for the purpose of constructing a multi-family housing association with a scale of 423 square meters and supplying it to the members.

B. Around July 2015, L Co., Ltd. (hereinafter “Nonindicted Company”) entered into an agency contract (hereinafter “instant agency contract”) with the Non-Party Association (tentative name) Regional Housing Association Promotion Committee prior to the establishment authorization of the Non-Party Association; the establishment of a comprehensive project plan for the project of a regional housing association; the raising and execution of initial funds necessary for the promotion of the project; and all affairs related to the contract for the project site (purchase of land) as its duties.

C. On August 5, 2015, according to the instant agency contract, the non-party company entered into a contract on vicarious sales of the instant business with P and the instant company on August 7, 2015, and Q and Q enter into a contract on vicarious sales of advertising services concerning the instant business with the relevant company on September 24, 2015. The committee of promoters, non-party company, and R entered into a contract on vicarious sales of the instant business with the S and the funds management agency for the instant business, and the non-party company entered into the second vicarious sales service contract with T and the non-party company on April 15, 2016, and the second vicarious sales service contract with U and U.S. on April 2016 for the instant business respectively.

On the other hand, upon filing an application for authorization to establish a housing association on January 21, 2016, the non-party association obtained authorization to establish the housing association from the head of Gwangju Metropolitan City North Korea on March 21, 2016 and obtained the authorization to establish the housing association from the above promotion committee, and the head of the above North Korea approved the dissolution of the non-party association on October 18, 2019.

E. On October 29, 2019, the non-party company concluded a mortgage agreement with the Defendant and each real estate indicated in the separate sheet with a maximum debt amount of KRW 1 billion.