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(영문) 수원지방법원 2018.03.20 2017가단519464
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 24, 2016, D, in addition to the representative E of the Defendant’s Intervenor C (representative E; hereinafter “Defendant’s Intervenor”) representative E, the said D and Nonparty K are registered as internal directors.

The land of this case shall be referred to as "the land of this case" with F large 786.7 square meters (hereinafter referred to as "the land of this case") in Sungsung

(B) On August 8, 2016, the registration of ownership transfer was completed on the ground of sale as of August 8, 2016. (B) The Intervenor joining the Defendant constructed a building of three stories underground and ten stories above ground on the ground of FF 786.7 square meters and G G 838.8 square meters on the ground of Cheongsung-si, the Defendant joining the Defendant constructed each building on the attached list (hereinafter “instant building”).

(2) On September 13, 2016, the registration of initial ownership was completed on September 13, 2016 by classifying several buildings, including B, and on the same day, the Defendant’s trust as of September 13, 2016 (hereinafter “instant trust agreement”) is deemed to be the “instant trust agreement.”

(C) On the other hand, on October 31, 2007, H entered into a sales contract with D to sell all the 4th floor of the JJ on the first ground of Suwon-si, the purchase price of which is KRW 3.25 billion in the purchase price at KRW 3.25 billion in the purchase price at KRW 3.2 billion in Suwon-si, and there was no dispute over the sales contract [based on recognition], Gap evidence 1 through 9 (including the number of branches), each entry, the purport of the entire pleadings, the purport of the whole pleadings, and the purport of the whole arguments.

2. Summary of the plaintiffs' assertion

A. The Plaintiffs are those holding 30% of the shares of H, Co., Ltd., the owner of J commercial building, and the Plaintiffs asserted that they have the above claim against D in the Seoul Central District Court Decision 2017Da5163813.

The J 4th floor has a claim for the sale price of KRW 1,398,887,00,000 payable out of KRW 3.25 billion.

In addition, K and D, while keeping the third or fifth floor of the building of this case under title trust, donated it to the non-party L Medical Foundation and embezzled it, thereby preventing the claim for the sale price from being repaid, and thereby, committed a tort. Therefore, the damage therefrom shall be compensated.

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