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(영문) 수원지방법원 2019.05.28 2018가단549530
사해행위취소
Text

1. A sales contract concluded on May 21, 2018 between the Defendant and C Co., Ltd. with respect to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On May 6, 2015, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “Nonindicted Company”) and on the ground indicated in the attached Table 1, to newly construct a factory listed in the attached Tables 2 and 3 on the land indicated in the attached Table 1. Accordingly, the Plaintiff completed the said construction on January 13, 2016.

B. A non-party company filed a lawsuit against the Plaintiff seeking damages for nonperformance of obligations and damages in lieu of defect repairs in connection with the construction of the above plant. The Plaintiff filed a counterclaim against the non-party company for the payment of the construction cost (Seng District Court Branch Decision 2017Gahap2144, 2017Gahap2151 (Counterclaim))). The above court held that “The damages claim against the Plaintiff of the non-party company exists in the amount of KRW 209,632,888, Sept. 12, 2018; the Plaintiff’s claim for construction cost against the non-party company exists in the amount of KRW 302,447,684, which is set off on January 28, 2016; the Plaintiff’s claim for construction cost was set off at KRW 92,814,796, which is set off at KRW 200,000, KRW 290,000, KRW 29798,296.1.

C. On May 21, 2018, in the process of the said trial, the Nonparty Company completed the registration of ownership transfer with the Daejeon District Court No. 14430 on the ground of sale on May 21, 2018 (hereinafter “instant sales contract”) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

The non-party company at the time of the instant sales contract.

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