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Reasons
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(영문) 의정부지방법원고양지원 2017.12.06 2016가합74265
사해행위취소 등
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1. The Plaintiff:

A. Defendant B is the rate of 15% per annum from September 23, 2016 to the date of full payment with interest of KRW 500,000,000.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a complaint with Defendant B by deceiving the Plaintiff and deceiving the Plaintiff, and Defendant B entered into an agreement with the Plaintiff on May 6, 2015 as follows (hereinafter “instant first agreement”).

The payment of KRW 250,000 and KRW 250,000,000 as security shall be made by paying the insurance compensation (the plaintiff, E, and F) to pay KRW 300,000,000 by December 30, 2015, with the intention to combine the profits of H equity and the profits of KRW 800,000 by December 30, 2015 after the implementation of the G G project, and by May 30, 2016 ( May 30, 2016), shall be made at the daily cost of KRW 1.5 billion by the Defendant B.

B. The Defendant paid KRW 250 million to the Plaintiff on the date of the instant first agreement, and thereafter, on May 18, 2015, again agreed to the Plaintiff as follows (hereinafter “instant second agreement”).

1. On May 6, 2015, KRW 250 million in cash was paid by Party B (referring to Defendant B; hereinafter the same shall apply) to Party B (referring to the Plaintiff; hereinafter the same shall apply).

2. Establishment of a right to collateral security of KRW 250,000,000 to the land J in Yongcheon-si, Chungcheongnam-do, and payment KRW 250,00,000 to Eul shall be made within three days after the date of establishment;

3. On May 18, 2015, the provisional registration of the right to claim ownership transfer of G land and buildings at the time of strike shall be made in the name of B on May 18, 2015, and the purchase price shall be the full payment of the purchase price of B with the existing investment amount: Provided, That in cases where A pays KRW 500 million to B, B shall be immediately cancelled.

4. A, under the name of H, entered into a contract for purchase with K and L, and entered into a contract for permission to collect earth and stones with M and is proceeding with the development project. A, while promoting the project by inserting additional costs, shall pay the amount of KRW 300 million out of its revenues to B, and a buyer shall be changed to the name of N designated by B, and the name of permission to collect earth and stones shall also be N for such security.

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