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(영문) 창원지방법원통영지원 2016.08.25 2015가합10574
사해행위취소
Text

1. Defendant B’s KRW 840,000,000 as well as 5% per annum from February 19, 2014 to August 25, 2016, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 12, 2012, the Plaintiff was merged and divided as follows: G, H, I, J, K, and L on June 12, 2012 between the Plaintiff and F.

On September 14, 2012, the N-Land was divided from the land I in the macro city, and on February 22, 2013, the land G was combined with the land C-O, P, H, and I on February 22, 2013, and on February 27, 2013, the land C-M and Q were divided from the land B-si on March 5, 2014.

In addition, on September 14, 2012, the S land was divided from K-si's land.

In addition, while selling a motor vehicle-related business business right in total of KRW 2.9 billion to F, the amount calculated by deducting the construction cost to be borne by the Plaintiff in the future from the total of KRW 1 billion, which is the amount obtained by deducting the existing Plaintiff’s collateral security obligation from the total of KRW 2.9 billion, was determined as the final purchase price.

Afterward, F Co., Ltd. spent 326,200,000 won for renovation work (civil engineering work). Among them, according to determining the part to be borne by the Plaintiff as KRW 110,000,000, F Co., Ltd., Ltd., the sales amount to be paid to the Plaintiff was determined to be KRW 890,000 (= KRW 1,000,000 - KRW 110,000,000).

Accordingly, on June 12, 2012, the registration of ownership transfer was completed in the name of corporation F with respect to the remaining land except for macro-si L land. On June 15, 2012, the registration of ownership transfer was completed in the name of defendant B, who was employed as a director of F in-house corporation F around that time.

B. On March 28, 2013, F Co., Ltd., the provisional registration of the Plaintiff’s right to claim ownership transfer as to the land owned by Defendant C, was divided into G land on March 28, 2013 (hereinafter “1 real estate”) and G land at the Mao-si.

Of the shares 330/1,131 (hereinafter referred to as "second real estate"), the registration of ownership transfer is completed with Defendant C Company on the same day.

On April 5, 2013, the Plaintiff and Defendant C Co., Ltd. paid a purchase price of KRW 890,00,000.

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