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(영문) 서울중앙지방법원 2016.12.23 2015가합530824
사해행위취소
Text

1. The plaintiffs' action against Defendant D Co., Ltd. is dismissed.

2. Defendant D Co., Ltd and Defendant International Asset Trust.

Reasons

1. Basic facts

A. The status of the parties, etc. 1) The Gyeonggi Savings Bank Co., Ltd. (former trade name: Gyeonggi Mutual Savings Bank Co., Ltd.; hereinafter “Co., Ltd.”) is omitted from the time of the second name.

(2) On July 1, 2013, Yong-Nam Savings Bank Co., Ltd. (formerly: Yong-Nam Mutual Savings Bank Co., Ltd.) was declared bankrupt on September 26, 2013; and on May 20, 2013, the Promotion Savings Bank Co., Ltd. (formerly promoted Mutual Savings Bank Co., Ltd.) was appointed by the Korea Deposit Insurance Corporation as a trustee in bankruptcy; 2) Defendant D Co., Ltd is a company engaging in housing construction and supply of housing units; Defendant A Co., Ltd is a real estate sales and rental business.

3) Defendant B, as Defendant D’s internal director, and Defendant C’s spouse, serve as Defendant D and A’s audit and inspection. B. Around February 25, 2008, Defendant D entered into a loan agreement (hereinafter “each of the instant loans”) with each of the above savings banks (i.e., KRW 7 billion from the Gyeonggi Savings Bank; KRW 2 billion from the Youngnam Savings Bank; and (ii) KRW 3 billion from the Promotion Savings Bank; and (iii) interest rate of KRW 9% per annum with the said savings bank; (iv) overdue interest rate of KRW 24% per annum; and (v) the loan period of KRW 1 year (as of December 31, 2013, 201) (hereinafter “each of the instant loans”).

(C) C. On January 31, 2013, Defendant D, who entered into a management-type land trust agreement, shall be the truster, Defendant International Asset Trust Co., Ltd. (formerly amended International Trust Co., Ltd.), Korea Development Bank, and Daewoo Construction Co., Ltd.; Defendant D shall be the truster, Defendant International Asset Trust, Korea Development Bank, and Korea Development Bank as the first beneficiary, the first beneficiary, the first beneficiary, the first beneficiary, and the second beneficiary, and the second beneficiary, Gyeonggi-do Eb block 67,158§³ (hereinafter “instant land”).

3) As to the ground-based land trust contract (No. 3, No. 1, 200) for the new construction project of apartment units (hereinafter “instant trust contract”).

The above trust agreement was concluded. The main contents of the trust agreement are as follows.

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