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(영문) 서울중앙지방법원 2014.10.28 2014가단5010369
사해행위취소
Text

1. Agreement between the defendant and Enonoop, Inc. on assignment of chonsegwon concluded on November 14, 2013.

Reasons

1. On February 21, 2012 between E.O.n., the Plaintiff and E., Inc. (hereinafter “E.”), based on a lease agreement (a part of 143.31 square meters among the buildings located in Jung-gu, Seoul, which owned the Plaintiff, from April 1, 2012 to March 31, 2017, lease deposit amounting to KRW 95,580,40, rent monthly, KRW 8,891,200, management fee and KRW 2,778,50,000, and KRW 176,90,164, and unpaid rent and management fee (as of June 16, 2012 to November 16, 2013) and the Plaintiff’s order for payment was determined on March 16, 2013 to 2013.

On November 14, 2013, the non-party company entered into the instant lease on a deposit basis with the defendant to transfer the right to lease on a deposit basis on the instant real estate indicated in the separate sheet owned by the non-party company, and based on this, the non-party company entered into an additional registration of the right to lease on a deposit basis with the Seoul Central District Court No. 275301, Nov. 19, 2013.

2. Claims such as the unpaid rent, etc. upon the payment order finalized by the Plaintiff against the non-party company may be deemed to have accrued prior to the conclusion of the contract for the transfer of chonsegwon, and may be the preserved claim for the cancellation of the fraudulent act in this case.

3. On November 201, 2013, around the time of the instant contract for the transfer of chonsegwon, the non-party company assumed the obligation to pay rent of KRW 176 million in advance to the Plaintiff as follows, while the non-party company did not have any particular active property except for the claim for the refund of deposit money of KRW 150 million, which is the content of the instant lease on a deposit basis or its contents, and the franchise business operated at the time was also poor in both the recruitment of franchise stores and the operation of the direct store.

Furthermore, the two direct management points also terminate the Plaintiff’s lease contract on the grounds of delinquency in rent and transfer of the instant lease on a deposit basis.

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