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(영문) 창원지방법원마산지원 2016.06.08 2014가합2785
사해행위취소 등
Text

1. A trust contract concluded on April 18, 2014 with respect to each real estate listed in the separate sheet between the defendant and the stock company.

Reasons

1. Facts of recognition;

A. On July 10, 2003, the Plaintiff purchased at KRW 730 million (G 36 households; hereinafter “instant housing”) and KRW 120 million (hereinafter “instant housing”) that were newly built on the land of the company C (hereinafter “C”) and Haan-gun, Haan-gun, Haan-gun, and Haan-gun (hereinafter “F land”), and D, respectively, and the housing (hereinafter “each of the instant land”) that were newly built on the land. Of them, the Plaintiff concluded a sales contract with C and D to pay KRW 580 million as a substitute for the existing construction payment obligations, and the remaining KRW 30 million was to be paid at the expense of the Plaintiff.

At the time of the conclusion of the above sales contract, C and D agreed to transfer the site ownership and the name of the owner of the instant house to the plaintiff or the person designated by the plaintiff.

B. With respect to 18 units of apartment houses that were newly built on the ground of E among the 36 units of the instant housing, the Plaintiff continued the instant new housing construction work without keeping the previous owner D with respect to the existing owner H, and 18 units of apartment houses that were newly built on the ground of F’s land (hereinafter “instant apartment buildings”).

C. While the Plaintiff purchased each of the instant lands, on June 27, 2003, a voluntary auction procedure (Seoul District Court I) was commenced on each of the instant lands while the Plaintiff did not register the ownership transfer, and on August 18, 2004, J received a successful bid for each of the instant lands and completed the registration of ownership transfer on August 30, 2004.

C and J prepared on September 23, 2004 a letter to the Plaintiff stating that “In order to ensure the smooth completion of the instant apartment, J shall, instead of providing E land as collateral for the purpose of securing the construction cost of the instant apartment, change the owner of the instant apartment in the name of J, and promptly restore the owner’s name upon completion of the settlement of land price.” Accordingly, the name of the owner of the instant apartment was changed from D to J on September 24, 2004.

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