beta
(영문) 춘천지방법원속초지원 2016.05.12 2015가합75

사해행위취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. On September 7, 2011, the Plaintiff lent KRW 400 million to the Taeju Comprehensive Construction Co., Ltd. (hereinafter “ Taeju Construction”).

B. On July 12, 2011, the daylight Leisure Tourism Co., Ltd. (hereinafter “Japan Tourism”) concluded a construction contract with the Taeju Construction Co., Ltd. with the content of constructing a new container on the ground of 11,347 square meters (hereinafter “instant land”).

C. Since then, on April 27, 2012, the Do Construction Co., Ltd. (hereinafter “Yingdo Construction”) transferred the ownership of the instant land from the tourism around the same day and the status of the said new construction from the Taeju Construction, respectively, and acquired the obligation to pay the construction cost under the said contract for the construction of Taedo Tourism.

On the day of acquisition of ownership of the land of this case, the Do Construction completed the registration of ownership transfer claim based on trade reservation in the B, and completed the registration of creation of mortgage in the C, D, and B in the future.

After August 7, 2013, B transferred the registration of the right to claim ownership transfer to Jambberg (hereinafter referred to as "Jambris") on August 7, 2013, and Jamburggggggggggggggggggggggggggggggggggggggggg

E. As above, the Do-do-based construction, which had been liable for the payment of the construction cost, acquired the ownership of the instant land, was made a promise to sell and purchase the land and set up the right to collateral security. The aforementioned promise to sell and purchase the land and the right to collateral security is a fraudulent act that harms the claim for the construction cost for the Do-Do-based construction, and is presumed to have been committed by the Defendant, who is the beneficiary B and each of the aforementioned right

F. Accordingly, Taeju Construction may cancel the above sale reservation and mortgage contract, and request the defendant to implement the registration of ownership transfer in the future of the Do Construction with the restoration to its original state.