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(영문) 전주지방법원 2014.04.11 2012가합7204 (1)
사해행위취소 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The facts under the basis of facts may be found in each entry of Gap evidence 1 to 8 (including paper numbers; hereinafter the same shall apply) by integrating the whole purport of the pleadings.

1) On June 14, 2004, Plaintiff A and Nonparty Company Nos. 401, 402, 403, 404, and 405 (hereinafter “the fourth floor of the instant building”) among the instant buildings

(2) The Plaintiff is a lessee who entered into a lease contract with the term from June 14, 2004 to June 14, 2007, with a deposit of KRW 450,000,000, monthly rent of KRW 1,180,000, and the term from June 14, 2007. The Plaintiff is a lessee who entered into a lease contract with the term from June 14, 2004, KRW 10,000 on June 28, 2004, the intermediate payment of KRW 30,000,000 on June 15, 2004, and KRW 410,000,000 on the remainder of KRW 28693 on July 15, 204. The Plaintiff completed the lease contract with the term from KRW 450,00,000,000 on the fourth floor of the instant building between the Plaintiff and Nonparty 2010,205.

Plaintiff

B pays the remainder of 40,000,000 won on October 19, 2005 on the date of the contract, and completed the registration of establishment of chonsegwon which causes 50,000,000 for the second floor of the building in this case as of October 21, 2005 by the Jeonju District Court No. 48756 on October 21, 2005.

B. Upon the expiration of the lease term on June 14, 2007, Plaintiff A and Plaintiff A had the lease term renewed by setting the lease term from June 14, 2007 to June 13, 2009.

B) While Plaintiff A was unable to refund the deposit from Nonparty Company despite the expiration of the renewed lease term, Plaintiff A received dividends of KRW 257,609,590, which is part of the deposit, through the distribution procedure following the disposition of public sale on the fourth floor of the instant building on November 24, 2009, and recovered the deposit. C) on December 23, 2009.

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