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(영문) 서울고등법원 2015.06.12 2012나86101

사해행위취소 등

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal, including the costs of supplementary participation.

Reasons

1. Basic facts

A. The Korea Land and Housing Corporation relationship 1) On December 10, 1984, the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) (hereinafter “Supplementary Intervenor”).

[Attachment I] Real Estate listed in [Attachment I] (hereinafter “instant land”).

A) A land sales contract was concluded for sale of KRW 797,75,000. A subsidy intervenor entered into a guarantee insurance contract with the Korea Land and Housing Corporation to secure the payment guarantee obligation, and submitted an insurance policy to the Korea Land and Housing Corporation, and I and J jointly and severally guaranteed the auxiliary intervenor’s liability for reimbursement against the guaranteed insurance company by the auxiliary intervenor. 2) From August 1985, the auxiliary intervenor entered into a new construction project with 7 and 96 units of KRD with the first and third floors above the instant land (hereinafter “the instant loan”). Since around June 1986, as the auxiliary intervenor was unable to repay obligations to creditors including construction business operators, the construction was suspended due to the detention of Q from the representative director of the auxiliary intervenor, and the officers and employees were also concealed.

Accordingly, the creditors who received the sale price in lots in lieu of the payment of the construction price and the creditors who received the sale price in kind in lieu of the buyers who paid the sale price in lots, shall complete the new construction of the loan of this case by collecting the remainder of the sale price or continuing the construction directly.

3) The Plaintiff, while serving at the site of the instant loan construction by the Intervenor, did not receive the wage of KRW 15.7 million. The Plaintiff, between the Intervenor and the Intervenor, purchased the instant loan of KRW 7.7 million, and entered into a payment agreement in lieu of the sales price of KRW 15.7 million in lieu of the sales price, and the remainder of the sales price is to pay KRW 6.5 million in addition, the Plaintiff had a claim against the Intervenor for the takeover of the instant loan of KRW 2.15 million and the return of unjust enrichment as described in paragraph (b).