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(영문) 광주고등법원 2019.12.11 2019나20930

사해행위취소

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1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. Basic facts

A. A summary of the P Land Readjustment Project 1) Q and R District Land Partition Association (hereinafter “instant association”)

The land readjustment project (hereinafter “instant rearrangement project”) shall be conducted with respect to the land of approximately KRW 890,000 square meters per day of permanent residence.

(2) As a partnership established to promote the reorganization project of this case, the "land allotted by the authorities in recompense for development outlay" was designated as the land that the implementer of the land readjustment project appropriated for expenses incurred in the land readjustment project or can dispose of the land by devolving the land as owned by the implementer without designating a specific land as a substitute lot for the purpose set forth in the terms and conditions of agreement or the project plan (see Article 54 (1) of the former Land Readjustment Project Act (repealed by Act No. 6252, Jan. 28, 2000). (2) On September 24, 2005, the plaintiff was awarded a contract from the association of this case for the reorganization project of this case, and part of the construction price was paid as the land recompense for development outlay.

3) C Co., Ltd. (hereinafter “C”)

A) On March 5, 2010, D Co., Ltd. (hereinafter “D”) in order to raise funds necessary for the implementation of the instant rearrangement project, as a company that has implemented the construction project of multi-family housing and its auxiliary facilities on the instant rearrangement project site.

3 billion won borrowed from 23 billion won (hereinafter the above 23 billion won “instant loan”).

On the same day, the Plaintiff jointly and severally guaranteed the obligation to return the instant loan. 4) D issued an asset-backed corporate bill (hereinafter “instant commercial paper”) of 23 billion won based on the instant loan claim in order to raise funds for lending to C, and the instant commercial paper was acquired by Tbank, etc.

B. On November 7, 2013, the Plaintiff’s claim against C against the Plaintiff was executed the right to claim for the transfer of ownership against the instant association, which the Plaintiff provided as security for the instant loan claims.