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(영문) 서울중앙지방법원 2018.09.21 2017가합535649

사해행위취소청구의소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 21, 201, the Plaintiff purchased KRW 1,650 square meters (5,280 square meters) out of KRW 17,454.8 square meters (5,280 square meters; hereinafter “instant land”) in Suwon-si E warehouse sites from C Co., Ltd. (hereinafter “C”) (hereinafter “C”) on November 21, 201, in the purchase price of KRW 2,50,000,000, and paid KRW 600,000 on the date of the said contract, and the intermediate payment of KRW 30,00,000 shall be paid on the date of the said contract, and the remainder payment of KRW 1,60,00,000 shall be paid by December 31, 201.

According to the instant sales contract, the Plaintiff paid KRW 600,000,000 on the date of the said contract, and paid KRW 303,000,000 in total as part payments from November 24, 201 to February 13, 2012.

B. On October 13, 2015, C sold shares in KRW 47,700,000,000 among the instant land and F warehouse sites and KRW 17,454.82/25,940 of the volume of KRW 4,243 square meters in the instant land and F warehouse sites, and KRW 4,243 square meters in the G warehouse sites (hereinafter referred to as “Bol”), and the Bollon completed the registration of ownership transfer on the instant land on October 22, 2015.

C. In order to secure 30,00,000,000 won loaned from 9 agricultural cooperatives, such as Yong-dong Agricultural Cooperatives, for the payment of the purchase price pursuant to the sales contract of this case on October 21, 2015, loaned from 200, this case’s land was entrusted to Luxembourg Trust Co., Ltd., and the above 9 local agricultural cooperatives as joint beneficiaries with the aggregate of the profit limit of KRW 36,00,000,00,000, and D as joint beneficiaries with the profit limit of KRW 9,840,00,000, the profit limit amount of KRW 16,560,000,000, respectively.

C In order to secure each claim of KRW 7,00,000,000 against H on March 31, 2016, and the Defendant’s claim of KRW 2,00,000,000 against H, C is a preferential right to benefit as stated in the separate sheet that H and the Defendant have in accordance with the above trust agreement.