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(영문) 인천지방법원 2017.07.04 2016나58300
사해행위취소
Text

1. To order the implementation of transfer procedures for shares in the separate sheet among the part against the defendant in the judgment of the first instance;

Reasons

1. Basic facts

A. The following conciliation was concluded in the Daejeon High Court case No. 2009Na9018 between the Plaintiff and the Intervenor joining the Defendant.

The Intervenor joining the Defendant shall pay to the Plaintiff the amount of KRW 150,00,000 and the amount calculated at the rate of KRW 20% per annum from November 1, 2010 to the day of complete payment. From June 17, 2009, the Intervenor shall pay to the Plaintiff the amount calculated at the rate of KRW 10,00,00 per month from June 17, 2009 to the day of delivering each of KRW 7,273 square meters of D Forest land, E forest land, and KRW 7,273 square meters per annum to the time of delivering each of them to the Plaintiff.

B. On February 27, 2014, the Defendant’s Intervenor entered into an agreement on the acquisition or transfer of business rights (hereinafter “instant transfer agreement”) with the co-defendant B Co-Defendant B (hereinafter “B”) at the first instance trial on February 27, 2014, and received payment from B out of the transfer proceeds 2.2 billion won.

Article 1 (Purpose of Agreement) The purpose of this Agreement is to modify (other than lien) all the rights necessary for the implementation of the Project, such as the easements and project implementation rights of apartment and commercial buildings with 299 households on the ground and E, and building permit rights (excluding lien).

Article 2 (Business Entities Eligible for Right)

1. All of the apartment buildings and commercial buildings with 299 households on the ground D and E in the 299-base of Chungcheongnam-si, Chungcheongnam-si;

2. All the rights related to the project, including the project implementation rights and building permission rights;

3. Other rights necessary for the implementation of the project in possession of the Intervenor joining the Defendant, as prescribed in Article 3 (Transfer Price and Method of Payment): 2.2 billion won.

2. Method of payment of down payment: The balance of the second intermediate payment-100 million won (payment after consultation within two months after the payment of the first intermediate payment) (within two months after the date of the first intermediate payment) of KRW 200 million (within March 3, 2014) (the first intermediate payment) - Notwithstanding the agreement on the above method of payment, the first intermediate payment of KRW 200 million shall be paid until May 3, 2014.

Article 4 (Obligation of Intervenor B and Intervenor B) Upon entering into this Agreement, B are registered as B’s auditor at the same time as the representative director of the Intervenor joining the Defendant, F himself or a person designated.

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