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(영문) 울산지방법원 2012.08.23 2011가합7280

사해행위취소 등

Text

1. A business transfer and takeover agreement concluded on July 11, 201 between the Defendant and C with respect to the retail store business indicated in the separate sheet between the Defendant and C.

Reasons

1. Basic facts

A. The Plaintiff, while providing goods to C, who operates the Empt (hereinafter “Empt”) located in Ulsan-gu, Ulsan-gu (hereinafter “instant Empt”), lent operating funds of the said Empt from August 15, 2004 to receive a bill and a check of the number of units, etc. on June 7, 2011, and lent KRW 2.5 million on June 28, 201 and KRW 5 million on June 28, 201 to C for the payment of bills issued by C around May 15, 201, and lent KRW 2.5 million on July 25, 201 to C for the payment of bills of exchange issued by C around July 15, 201, KRW 30 million on July 25, 201.

B. On July 11, 201, C: (a) transferred to the Defendant a retail store business with approximately 300 square meters in the instant marina building; (b) one warehouse; and (c) one million won in all the facilities and fixtures (hereinafter “instant transfer”); (c) on the day the instant transfer was made; (d) an intermediate payment of KRW 39 million on July 12, 201; and (e) the remainder of KRW 300 million on July 28, 201, C agreed to receive KRW 180,000,000 from the remainder of the lease deposit.

C. According to the above agreement, the Defendant paid C a total of KRW 223 million from July 8, 2011 to August 1, 2011, and took over the lease deposit obligation amounting to KRW 177 million for lessee F, etc. of the instant marina from August 1, 2011 to August 17, 2011. On August 1, 2011, the Defendant acquired the instant marina from C with the trade name “Gma” and is operating it until now.

On the other hand, C did not have any property other than the instant marina at the time of transfer to the Defendant.

[Ground of recognition] Facts without dispute; Gap evidence 2-7; Eul evidence 1-1-2, 6-1-5, and 7-9; Eul's testimony and the purport of the whole pleadings

2. Determination

A. According to the facts established prior to the existence of the preserved claim, first of all, the Plaintiff loaned to C the right of revocation on June 7, 201 and June 28, 2011.