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(영문) 서울고등법원 2013.09.12 2012나84167
손해배상(기) 등
Text

All appeals by the plaintiffs are dismissed.

In addition, the plaintiffs' claim for revocation of fraudulent act was added to this court.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is that the Plaintiffs, who entered into a membership agreement with the golf club development business entity C, have an obligation to use the golf club facilities against the Plaintiffs by the golf club development business entity C, and incurred damages. In order to compensate for the damage claim, C filed a claim against C for the payment of KRW 250 million for restitution or damages due to the rescission of the contract due to impossibility of performance or damages due to the execution of the trust agreement with the Defendant One Trust, by asserting that the trust agreement with the Defendant One Trust constitutes a fraudulent act. In order to compensate for the damages, Defendant One Trust, based on its obligee’s right to revocation of the trust agreement and restitution, seek implementation of the procedure for registration of cancellation of ownership transfer pursuant to the trust agreement with respect to the forest land and land for the golf club, and seek implementation of the procedure for registration of cancellation of ownership transfer with respect to the forest land and land for the rehabilitation of the debtor Savings Bank, Promotion Savings Bank, Gyeonggi Savings Bank, and Defendant Yong-Nam Savings Bank, which purchased the forest land for the golf club from Defendant One Trust.

The judgment of the court of first instance accepted the plaintiffs' claim against C, and C did not constitute a fraudulent act on the ground that the trust contract that C entered into with Defendant One Trust does not constitute a fraudulent act, both the plaintiffs' claims against Defendant One Trust, Yong-Nam Savings Bank, and Debtor Savings Bank, Promotion Savings Bank, and Gyeonggi Savings Bank were dismissed, and the plaintiffs appealed against the defendants.

The claim against C is separated and confirmed, and the plaintiffs are the preliminary claim for restitution due to the cancellation of the fraudulent act against the defendant Han Trust, Youngnam Savings Bank, and the Debtor Savings Bank, the Promotion Savings Bank, and the Gyeonggi Savings Bank in the first instance.

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