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(영문) 대구지방법원 2017.09.15 2016가단112638
사해행위취소
Text

1. The contract of donation concluded on April 10, 2014 between the Defendant and C is revoked with respect to the size of 373 square meters of the D forest land in Gyeongbuk-gun.

Reasons

1. Whether the fraudulent act is constituted;

A. 1) The existence of a fraudulent act preservation claim 1) C is a person who owns and operates the land E in the Gyeongdong-gun, G, and the 4th floor in the ground (hereinafter “instant inns”).

C When the instant leisure ground was incorporated into the road site, the instant leisure ground entered into a compensation agreement between the latitude and longitude (including KRW 28,200,000,000) on June 27, 2012 and the compensation amount of KRW 930,120,770 (including the compensation amount of business license) and transferred the ownership of the said building on that day to the Gyeongbuk-do.

B) On June 28, 2012, the Plaintiff and C: (a) “the legal right to obtain a building permit if C selects a new site in which the instant credit management officer was assigned to a road site and was unable to operate the house any longer; and (b) files an application for a construction permit,” and “the right to sell the right to move to KRW 130,000,000 in price” (hereinafter “instant right transfer contract”).

At the time of concluding a contract. At the time, the Plaintiff paid KRW 13,00,000 to C as down payment, the remainder payment was written only on the “Monthly 2012,” and the contract was agreed to nullify the cause of the contract and return the principal and the down payment if the said permission is denied. C) On September 26, 2012, the Plaintiff and C again concluded a contract for the transfer of the right to sell the right to resettlement of the instant female 130,000,000 won (hereinafter “instant contract for the transfer of the right”). The Plaintiff agreed to pay the remainder KRW 117,00,000,000 as the down payment of the contract for the transfer of the right of this case by October 25, 2012. However, if the remainder is not paid by the said date, the contract would be null and void and the down payment would be returned.

On October 29, 2012, the Plaintiff paid 87,000,000 won to C as the remainder. D) On March 22, 2013, the Plaintiff filed an application for a building permit to construct in the name of C Liber F in the name of C with the cooperation of C, but it was determined as inappropriate as a result of the deliberation by the Llering-gun Building Committee.

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