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(영문) 대구지방법원 2020.11.26 2018가합210403
사해행위취소
Text

1. As to each real estate listed in the separate sheet, it was concluded on October 30, 2017 between the defendant and C.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the construction business, etc.; C (hereinafter “C”) is a company that manufactures and sells steel structures; and the Defendant purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from C and completed the registration of ownership transfer.

B. On August 28, 2017, the Plaintiff entered into a construction contract with C and the construction period from September 4, 2017 to December 3, 2017 (including value-added tax) for the construction of a factory in the instant real estate (hereinafter “instant factory”). The said construction contract concluded that 50% at the time of the installation of a steel frame, 30% at the time of the establishment of a steel panel, and 20% at the time of the completion of construction within 15 days from the completion of construction.

(hereinafter “instant construction contract”). The Plaintiff began construction from September 4, 2017 in accordance with the instant construction contract, and filed a claim for KRW 519,475,00 (= KRW 1,038,950,000 x 50%) corresponding to the progress payment at the time of completion of the construction of the steel frame at the end of September 2017, but did not receive such claim. Ultimately, the construction was suspended around October 10, 2017. At the time of discontinuance of the construction, the Plaintiff was in a state of construction of D, E consent base, sludge (construction with concrete), steel frame construction, and F consent basic slabs as follows:

D Dong EF Dong Fdong

C. After the Plaintiff’s suspension of the instant real estate transaction between C and the Defendant, C sold the instant real estate to the Defendant on October 30, 2017 (hereinafter “instant sales contract”), and completed the registration of ownership transfer on December 22, 2017.

On December 22, 2017, the Defendant: (a) respectively set up a maximum debt amount of KRW 70,000,000,000, the debtor, the mortgagee, and the mortgagee, G; (b) a maximum debt amount of KRW 180,000,000 on February 18, 2019; (c) a debtor, the debtor, and the mortgagee H, respectively.

On the other hand, this case.

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