사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. On November 10, 2016, the Plaintiff entered into a joint project agreement with E (hereinafter “E”) that promotes the construction of a new building in Ulsan-gu D building (hereinafter “E”) with the Plaintiff to invest KRW 80 million in the said project and receive KRW 2 billion with the final revenue.
B. C (hereinafter “C”) between the Plaintiff and the Plaintiff around February 14, 2017.
Until December 31, 2017, an investment agreement was concluded with a view to faithfully implementing the joint business agreement described in the subsection and paying an annual amount of 25% (hereinafter “instant investment agreement”) for the principal invested in the event that an investment amount of 80 million won and 2 billion won is not paid according to the said joint business agreement.
C. On the other hand, on December 20, 2017, C entered into a joint agreement with F Co., Ltd. (hereinafter “F”) with the effect that each of the said real estate was awarded a bid in the total amount of KRW 8,700,231,00 on each of the said real estate in the instant real estate after participating in the auction procedure for the land and buildings included in the separate sheet under the name of F Co., Ltd. (hereinafter “F”), and entered into a joint agreement with F Co., Ltd. (hereinafter “joint agreement”).
The said joint venture agreement states that the bid bond of KRW 642,756,00 shall be prepared by F, but if C becomes a bidder, the purchase price shall be borne by C.
C On February 27, 2018, with G Co., Ltd. (hereinafter referred to as “G”) made loans to G to the extent not exceeding KRW 7 billion, and C entered into a loan agreement with the Defendant to use the loans only for the purchase price to acquire the ownership of each of the instant real estate, financial expenses, and other business expenses recognized by G. As security for the obligations under the said loan agreement, the Defendant as to each of the instant real estate between the Defendant and the trustee.