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(영문) 서울동부지방법원 2017.06.08 2016가합106597
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The status F of the parties is a company incorporated by G for a new construction project (hereinafter referred to as the “new construction project of this case”) on the ground-based I apartment (hereinafter referred to as the “new construction project of this case”) on a parcel of land, H in Changwon-gun, Gangwon-gun, and the representative director of the company of this case.

Defendant B is a company that is engaged in the construction business, etc., and as the contractor of the construction business of the instant apartment (hereinafter “instant construction business”), Defendant C is the representative director of the said company, and Defendant D and E are children of Defendant C.

The Defendant’s New Real Estate Trust is a trust company that received part of the apartment of this case from Defendant B.

On March 16, 2006, the Plaintiff agreed to invest in the new construction project of this case. From March 16, 2006 to March 2008, the Plaintiff paid to G and F money equivalent to KRW 2 billion in total as the purchase cost, design cost, establishment cost, construction fund, etc. of the above project site several times.

(hereinafter “the instant contributions”). G established F on April 7, 2006 to proceed with the instant new construction project, and F completed the registration of ownership transfer on the instant project site on May 16, 2006, and contracted the instant construction to a new road comprehensive construction.

However, the discontinuance of the instant construction and the preparation of a notarial deed were conducted, while the new road comprehensive construction had waived the said construction on January 4, 2007, and F again awarded a contract for the said construction on August 13, 2007, but the said construction was suspended due to the waiver of the said construction on November 19, 207.

Meanwhile, as a creditor of the Plaintiff, F is the debtor, F is the representative director of F, G is the joint and several sureties, and J is the joint and several sureties of the 2008 Khap Office 2008 Certificate No. 1352 of July 9, 2008, stating that “F shall repay the amount of KRW 2 billion borrowed from the Plaintiff after April 7, 2006 to December 31, 2008, and it shall be jointly and severally and severally guaranteed by G and L,” under a debt repayment contract.

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