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(영문) 인천지방법원부천지원 2015.12.10 2014가단20983
사해행위취소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The following facts of recognition do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1 to 3; Gap evidence No. 6-3; Gap evidence No. 12-1 to 3; Eul evidence No. 13; Eul evidence No. 13; Eul evidence No. 3; and Eul evidence No. 3.

On June 15, 201, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) concluded a sales contract to sell each of the purchase price of KRW 37,600,00 of the F land owned by the Appointpo-si, Kim Jong-si, owned by the Appointpo-si, KRW 37,60,00, and KRW 133,20,00,00 of the purchase price (hereinafter “each of the instant sales contracts”).

B. On June 15, 201, which is the date of the conclusion of each of the instant sales contracts, the third-party sales office entered into a contract with I for the construction work amounting to KRW 309,200,000, under which I entered into the construction of a factory (hereinafter “instant factory”) and the construction of a factory site (hereinafter “instant construction”) on each of the above lands (hereinafter “instant contract”).

On the other hand, on May 12, 2009, I made business registration under the name of the defendant's husband C by lending the name of the defendant's husband C, and under the contract of this case, the contractor of this case is a C registered as the representative of J by lending the name to I.

C. Around June 15, 201, I agreed to pay KRW 89,200,000 out of the construction price of the instant case to the Plaintiff, who is the Appointor D and E’s agent, as “development profit” and the same year.

7. In borrowing KRW 50,00,000 from the Plaintiff’s funds for the instant construction project, the Plaintiff agreed to receive the remainder of the construction payment from the Twitter and pay KRW 50,000,000 to the Plaintiff.

C received the remainder of construction payment of KRW 150,000,000 from the Twitter on March 27, 2012, and used all of them around that time.

2. The plaintiff (appointed)'s assertion

A. C is the instant construction project.

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