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(영문) 서울고등법원 2018.10.18 2017나2066665

사해행위취소

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1. The plaintiff's appeal is dismissed.

2. Of the instant lawsuit, C and Q. added by the Plaintiff in this court.

Reasons

1. Basic facts

A. C’s business share acquisition 1) D and E enter into a partnership agreement on October 2001, 201 with the intention to take over the business under the name of Young-gu F, G, H, I, J, K, and L ground driving range E operated by B Co., Ltd. for one-half of all kinds of expenses, including the acquisition price and operating expenses, and to distribute one-half of each of them, and agreed on November 12, 2001 with M and B, the owner of the building of driving range (Ndong, Odong, Pdong), incidental facilities, and business rights of driving range from M and B Co., Ltd., the owner of the building of driving range, supplementary facilities, and auxiliary facilities. < Amended by Act No. 6538, Dec. 29, 2001; Act No. 9902, Aug. 3, 2009> D and E, as business partners of driving range business, by mutual objection (1/2).

E sold to C on April 22, 2011 the shares of the golf driving range business (1/2) in price of KRW 600 million, and completed the registration of ownership transfer on the golf driving range building on April 25, 201, and C operated the golf driving range after performing the test and repair work on the golf driving range building.

B. Upon the occurrence of a fire in a golf driving range building on July 201, 201, the construction of real estate listed in attached Form C’s attached Table 3, and the Ndong and Odong were destroyed, C shall grant the construction permit listed in attached Table 2 (hereinafter “instant construction permit”).

(2) On October 17, 2012, C obtained the approval for the use of a temporary building building construction permit until January 31, 2015, with respect to the real estate listed in the attached Table 3 (hereinafter “new building”) completed in accordance with the instant building permit on October 17, 2012.

C. Q Q’s acquisition of shares in the business of a golf driving range has filed a lawsuit against Eul on October 27, 201, seeking the return of contributions, etc. In the appellate court of the instant case, “D and E” until April 22, 2011.