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(영문) 수원지방법원 2016.09.06 2015가단136247
사해행위취소
Text

1. Revocation of a contract of donation amounting to KRW 200,000,000, concluded on January 2, 2014 between the Defendant and C

2. The defendant shall have to the plaintiff 200,000.

Reasons

1. Facts of recognition;

A. (1) On October 19, 201, the heading C, D, and E purchased G land from F on a emulious basis (hereinafter “instant real estate”) and entered into a joint business agreement with F to develop and sell it as a house, etc. (hereinafter “instant business agreement”).

(C) The deposit account (OFF) of H (hereinafter “H”) in which C is the representative director, was deposited in KRW 400 million as follows on October 18, 201 and October 19, 201.

On October 18, 201, 1200,000 won, the remitter of the annual deposit date, which was KRW 50,000,000,000,000 J 3, 200,000 won, October 19, 201, KRW 19,100,000,000,000,000 KRW 3,241,000,000,000,000,000 October 19, 201, Plaintiff 50,000,00 KRW 5,00,00,00,00 (hereinafter “instant primary sales contract”) entered into a contract between F and F on October 20, 201 under the instant business agreement (hereinafter “instant primary sales contract”).

On October 30, 2011, C prepared a cash car certificate for KRW 800 million with the following contents to the Plaintiff, and C jointly and severally guaranteed this.

(A) immediately after receiving the sale price of G land, a primary repayment shall be made from the loan amount.

(B) If the sale and purchase of land is known, an amount of KRW 800 million shall be repaid until June 30, 2012.

(C) The amount of dividends for a joint venture shall be 50:50 each.

The terms and conditions of the above joint projects undertake to implement the agreement agreement.

The Plaintiff, from December 1, 201 to December 19, 201, remitted the sum of KRW 60 million to H’s deposit account in the front line of the Plaintiff.

H, on March 1, 2012, prepared a cash loan certificate with the purport that the Plaintiff borrowed KRW 60 million with interest rate of KRW 2% per month and due date of payment as of October 31, 2012, and C jointly and severally guaranteed this.

㉳ C과 D, E는 2012. 4.경 F와 이 사건 1차 매매계약을 합의해제 하였다.

(2) C) The instant real estate is to be purchased again in the name of H, and “F on April 10, 2012 and the instant real estate sales contract was concluded with H on April 2012.”

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