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(영문) 춘천지방법원영월지원 2020.11.04 2019가단970
사해행위취소 및 원상회복 등
Text

Of the instant lawsuit, Defendant D and Defendant E Co., Ltd seek revocation of the trust agreement concluded on June 15, 2018.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is the owner of the building H of Gangwon-gu H in Changwon-gun (hereinafter “the instant building”). It is a company that operates a sales-type hotel in the name of “I hotel” in the instant building.

Defendant C and D are co-representative directors of Defendant B.

The Plaintiff (Appointed Party) A Co., Ltd. (hereinafter “Plaintiff”) is the starting construction of the instant building, and the Appointed F is the representative director of the Plaintiff.

B. On July 7, 2016, the Plaintiff entered into a construction contract between the Plaintiff and the Defendant B with the Defendant for the construction cost of KRW 30,528,190,000. After completing the construction of the instant building, Defendant B transferred the instant building to the Defendant B upon obtaining approval for use on December 4, 2017. (2) On April 11, 2018, Defendant B: (a) between the Plaintiff and the Plaintiff on April 11, 2018, for the repayment of the remaining construction cost of KRW 20,58,926,00 against the said Plaintiff; (b) the unsold unit of the instant building: (c) 20 units of the unsold unit of the instant building; (d) No. 30 units of the instant building; (e) Nos. 1, n, n, (O), p, Q, No. 5, No. 197, No. 5, No. 1926, No. 19, ABC. Z;

A contract for payment in kind was concluded.

In addition, Defendant B and the Plaintiff on the same day are five AE units, AF units, AG units, AH units, and AI units in order to repay debts worth KRW 600,00,000 to the Plaintiff.

A contract for payment in kind was concluded.

Accordingly, on April 13, 2018, the Plaintiff completed the registration of ownership transfer based on payment in kind as of April 11, 2018 for the 25 houses of the instant building.

Even thereafter, Defendant B operated the hotel business using the above 25 rooms in the name of the Plaintiff, and did not pay rent or usage fee.

C. Around September 2016, the Appointed F and Defendant B concluded a contract with Defendant B to sell the instant building to Jho Lake (hereinafter “instant building”).

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