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(영문) 서울고등법원 2018.01.16 2016나2045562
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

A. C Co., Ltd. (hereinafter “C”) concluded a construction contract with F Co., Ltd. (hereinafter “F”) on January 9, 2008 for the purpose of constructing and operating a tourist hotel (hereinafter “instant building”) on the 4,013 square meters and E river 524 square meters (hereinafter “the instant land”) prior to the wife population D at Chicago-si, for the purpose of selling the same as the construction of a tourist hotel (hereinafter “instant building”). The construction contract was concluded between F Co., Ltd. (hereinafter “F”) and F Co., Ltd. (hereinafter “F”) on March 31, 2008.

B. At the time, the instant land was adjoining to the instant road and the instant road and the instant road and the instant road, not less than three lots (hereinafter “the instant road and the ditches”), located within the territory of the Republic of Korea, for the sake of the ownership of the Republic of Korea, and “H”, a bridge connecting the instant land with the outer access roads, was installed on the instant road and the ditches.

C. On May 207, C acquired the right to permit the occupation and use of public waters as indicated in the separate sheet (hereinafter “instant right to permit”). In order to normally use the instant land and buildings, H is necessary to connect the instant land and access roads to the outside, and H may occupy and use the instant right to permit.

During the construction of the instant building by F, C was suspended due to the bankruptcy around 2010, while C had been performing the construction of the instant building. On October 28, 2009, the registration of ownership preservation was completed in C’s name due to the commission of registration of provisional seizure.

E. At the time of the discontinuance of the construction project, the procedure for compulsory sale by official auction was commenced on March 2, 2010 on each of the instant real estate at the request of Garo Construction Co., Ltd., the subcontractor of the said construction project (U.S.) and on May 27, 2010, upon the application of the Korea Credit Guarantee Fund, on May 27, 201

(F) The above court T and each of the above auction procedures (hereinafter referred to as “instant auction procedures”). The Plaintiff is related to each of the instant real estate between C and C on March 16, 2010, which was after the commencement of the above compulsory auction procedures.

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