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(영문) 서울중앙지방법원 2014.03.13 2012가합535620
사해행위취소
Text

1. Revocation of each contract entered in the separate sheet No. 1 entered into between the defendant and the non-party A.

2. The defendant.

Reasons

1. Basic facts

A. On June 10, 2007, A, A, A, A, A, and Scar City Development Co., Ltd. (hereinafter collectively referred to as “A, etc.”) entered into a joint project agreement with respect to new construction works of apartment houses in the urban development project B on June 10, 2007. A, a project-related rental management officer, a project-related general management officer, a fund-raising and use and management, etc., and an A, a project-related urban development is responsible for the financing of project costs, and a share in the said joint project is 40%, A, P, P, and P, P, and Scar City Development, respectively, depending on their respective funds invested.

B. On November 28, 2007, A entered into a contract with B Urban Development Project Association (hereinafter “instant association”) under which A will act as an executor of B’s urban development project (hereinafter “instant implementation agency contract”), and A agreed to lend funds necessary for the said urban development project to the instant association.

C. A, etc., before and after the aforementioned loan agreement, borrowed a total of KRW 15,350,000 from the Es Savings Bank (hereinafter “Es Savings Bank”), KRW 18,150,000,000 in total from January 15, 2008 to October 29, 2010; and KRW 16,691,000,000 in total from October 20, 206 to February 10, 2010; and KRW 15,350,000 in total from August 31, 2006 to March 22, 2010; and KRW 16,30,000 in total from the Es Savings Bank to October 29, 201 in accordance with the instant agency agreement, A loaned the instant association up to 16,00,000 in total (hereinafter “the instant bonds”).

Meanwhile, on the other hand, the Defendant, as a real owner of A, etc. on July 21, 2009, set KRW 7,000,000 on March 31, 2012 and lent KRW 7,000,000 to D with respect to “E New Project” as the due date for reimbursement of KRW 31, 2012. To secure this, Defendant, D, A, etc., as shown in attached Table 1(1) as of January 21, 201, arose in relation to B urban development projects on behalf of the Defendant.

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