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(영문) 서울고등법원 2016.06.09 2014나2006204

사해행위취소

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The development of Korea, including entering into a membership agreement between the Plaintiffs and our development, constitutes “O golf course” (hereinafter “instant golf course”) at the Nwon in Chuncheon-si.

(2) The Plaintiffs entered into a contract for the establishment of a golf course (hereinafter referred to as “instant membership contract”) with our development and development between January 2010 and February 10, 2010, with the purport that the Plaintiffs would join the instant golf course as an incorporated member of the instant golf course (hereinafter referred to as “instant membership contract”). From that time to April 30, 2010, the Plaintiffs paid 250 million won each of the subscription amount under the instant membership contract to the Defendant from that time.

B. On December 1, 201, Korea Development Co., Ltd. and the Eastyang Integrated Financial Securities Co., Ltd., the trade name was changed to that of the Eastyang Securities Co., Ltd., and on October 1, 2014, the trade name was changed to that of the Manan Securities Co., Ltd. (hereinafter “Tan Securities”).

(1) On January 22, 2008, Korea’s development (i.e., the conclusion of a trust agreement for disposal of real estate between the same securities (hereinafter “the same securities”) provides that on or around January 22, 2008, a trust agreement for disposal of real estate between Korea and the same securities shall be concluded with the purport that the same securities, the trustee of which acquired and managed the registration of the real estate held in trust and deliver the proceeds of disposal to Korea, the truster and the beneficiary (hereinafter “instant disposal trust agreement”).

After the conclusion of the contract, the registration of ownership transfer was completed with respect to the above part of the real estate on the same day.

Afterward, our development agreed to add the remainder of the instant real estate among the instant real estate between February 26, 2008 and November 9, 2009 as the trusted real estate under the instant disposal trust agreement, and around that time, trust is held against the same securities on the remainder of the instant real estate.