사해행위취소
1. The sales contract concluded on November 4, 2014 between the Defendant and B is revoked.
2...
Basic Facts
The relevant Plaintiff of the parties is a mutual aid association established based on the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”), and the Defendant is a company that engages in the business of manufacturing bricks and blocks, and C Co., Ltd (hereinafter “non-party company”) is a company that has obtained a construction waste interim disposal business license in accordance with the Construction Waste Promotion Act.
B and D, the representative director of the Defendant, are married couple, E, F, and G. D, from March 8, 2002 to August 23, 2005, as the representative director of the non-party company from August 23, 2005 to July 1, 2009, and H served as the representative director of the non-party company from July 1, 2009 to February 16, 2012, and H was the spouse of the non-party company as the E-spouse at the time of the above employment.
On December 206, including the conclusion of the first performance guarantee agreement, the Plaintiff entered into a contract between the non-party company and the non-party company as a member of the Plaintiff, and if the non-party company fails to comply with an order issued by the Mayor/Do governor for the disposal of abandoned waste, the Plaintiff entered into an agreement on performance guarantee for the disposal of abandoned waste (hereinafter “the first performance guarantee agreement”) with the purport of claiming the non-party company for the disposal of the waste instead, and the representative director of the non-party company was jointly and severally guaranteed all the obligations owed by the non-party company to the Plaintiff pursuant to the first performance guarantee agreement.
Around that time, the non-party company paid contributions and subscribed to the plaintiff's membership.
Article 1 [Agreement on Contribution] The non-party company shall agree that the non-party company shall pay the contributions to the plaintiff and that the non-party company shall be responsible for all where the neglected wastes have occurred.
Article 3 [Loss of Benefit of Time] (1) Where any ground under Article 25 of the Plaintiff’s Articles of Incorporation arises due to revocation of permission, etc., the Plaintiff shall lose the benefit of time.