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(영문) 청주지방법원 2013.10.30 2012가합3835
사해행위취소
Text

1. The sales contract concluded on March 7, 201 with respect to the shares listed in the separate sheet between the defendant and C shall be revoked.

2...

Reasons

1. Basic facts

A. On April 8, 2010, the Plaintiff entered into a contract with C to transfer 125 equity shares of the private equity fund EsBA to C (hereinafter “instant transfer proceeds”) at the price of KRW 1 billion, and transferred 125 equity shares of the said company to C.

B. On December 28, 2010, the Plaintiff applied for a payment order against C with Seoul Central District Court 2010Da95142, seeking payment of KRW 1 billion of the instant transfer proceeds, and on January 6, 2011, upon receiving a payment order from the above court, C to pay the Plaintiff KRW 1 billion and its delay damages, and on February 1, 2011, the said payment order was finalized as is.

C. C as the representative director of D Co., Ltd. (hereinafter “D Co., Ltd.”), owns 4,500 shares of D Co., Ltd. (45%) and D Co., Ltd is a company that engages in the lease business of building on land outside Gangnam-gu Seoul and two parcels of land (hereinafter “instant building”).

The SPP Construction Co., Ltd (hereinafter referred to as the "SP PP PP Construction Co., Ltd.") obtained a loan of KRW 117.7 billion from the Hyundai Ssp Savings Bank, Solomon Savings Bank, New SP Savings Bank, etc. (hereinafter referred to as the "NSS Savings Bank, etc.") (hereinafter referred to as the "SPP PP construction"), and D Co., Ltd provided the instant building as a collateral trust property to the GSP Real Estate Trust (hereinafter referred to as the "SP Real Estate Trust") with the Hyundai SS Savings Bank, etc. as a priority beneficiary. D Co., Ltd provided a joint and several surety for the instant loan obligation of SPPP construction.

E. E. On February 23, 2011, an EPP Construction delayed the repayment of the instant loan, issued a public notice of the public auction of trust real estate to the effect that the trust of real estate was conducted on February 23, 201, at the request of the Hyundai Swiss Savings Bank, etc. (hereinafter “instant public auction procedure”).

F. C shall be dated 2011.

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