beta
(영문) 전주지방법원 2017.06.14 2014가합8010

사해행위취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. From March 2012, E Co., Ltd. (hereinafter “E”) promoted a joint housing construction project (hereinafter “instant project”) with F and 36 lots of land (22,130 square meters) outside Jung-Eup from the time of Jung-gu.

The Plaintiff, a director, or G, was in office as a representative director, and the Plaintiff resigned from office on May 20, 2012 and was appointed as an auditor.

B. On February 2013, E transferred the entirety of the instant business rights, E’s ownership, and management rights to H to KRW 2.2 billion. Around February 2013, H bears the obligation to compensate for the remainder of the land for the instant business rights, and entered into a transfer contract with E and G with the content that the said KRW 900 million is treated as the investment amount of E and G.

E under the above transfer contract, around March 25, 2013, issued H all documents necessary for the transfer and takeover of the legal entity to H, and received KRW 890 million from H to May 2013 as the down payment.

C. Defendant C is a person who has been engaged in regular business from H until May 2013, and Defendant B is a company with Defendant C’s wife I as the representative director.

E notified H of the purport that H would cancel the said transfer contract as of May 6, 2013 and May 13, 2013, to the effect that H would not perform its duty to pay the remaining land under the said transfer contract.

E. On May 23, 2013, E entered into a contract with a limited liability company introduced by Defendant C (hereinafter “oil Construction”) to transfer the instant business right to the Company KRW 7 billion.

(hereinafter “instant contract”). Under the instant contract, KRW 900 million was determined to be paid in September 28, 2013 as the contract date, the intermediate payment and the remainder of the land amounting to KRW 5.3 billion on June 28, 2013, the intermediate payment to KRW 400 million on July 28, 2013, and the remainder to KRW 400 million on September 28, 2013, and construction paid the said down payment to E on May 23, 2013.

(f) E and G are the cancellation of a transfer contract against H on May 24, 2013.