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(영문) 서울중앙지방법원 2012.07.06 2010가합111655

사해행위취소 등

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Case summary

A. The plaintiffs, upon the dissolution of a union formed pursuant to a partnership agreement on the joint purchase and development of land D 16,552 square meters (hereinafter "the land of this case") in Yeongdeungpo-gu, Yong-si, which the plaintiffs entered into with C on February 20, 2005, have a right to distribute residual property to C. On October 15, 2009, after the union is dissolved, C entered into a real estate security trust agreement with the defendant for the purpose of evading the obligation to distribute residual property to the plaintiffs on October 15, 2009 (hereinafter "the trust agreement of this case"). On the same day, the trust agreement of this case was completed with the defendant on the same day, asserting that the trust agreement of this case constitutes fraudulent act against the plaintiffs and sought the cancellation of the ownership transfer registration of this case as the cancellation of the trust agreement of this case and its restitution.

B. As to this, the Defendant asserted that the Plaintiffs’ right to claim distribution of residual property C, a preserved bond, is not recognized, unless the liquidation procedures of the instant association are completed.

2. Basic facts

A. 1) Agreement between the plaintiffs and C is that the land of this case owned by Eul is planned to develop the station area, so it is expected that they will acquire the land of this case later and intended to purchase the land of this case. The plaintiff was introduced by the plaintiff Eul, which is a certified judicial scrivener, and decided to purchase the land of this case together with the plaintiffs. After several times, the plaintiff A finally agreed to purchase approximately 2,00 of the land of this case, approximately 507 of the plaintiff B, approximately 2,500 of the land of this case, and approximately 2,500 of the plaintiff C. 2) between the plaintiffs and the representative director F of the plaintiffs and C. There are documents regulating the rights relationship between the plaintiffs and C in relation to the purchase of the land of this case as stipulated in the "joint business contract", and the contents common to the above documents are as follows.