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(영문) 서울중앙지방법원 2018.02.02 2017가단5163813
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 24, 2016, C completed the registration of ownership transfer on the ground of sale on August 8, 2016, 2016, with respect to the E large scale of 786.7 square meters to D Co., Ltd.

B. On September 13, 2016, D Co., Ltd. newly constructed a 3-story underground and 10-story building on the land of 786.7m2 and F 838m2.8m2, and completed the registration of ownership transfer on September 13, 2016, by dividing the instant real estate into several buildings including each building listed in the separate sheet (hereinafter “instant real estate”). On the same day, D completed the registration of ownership transfer on September 13, 2016 (hereinafter “instant trust agreement”).

C. Meanwhile, on October 31, 2007, G entered into a sales contract with C to sell 3.25 billion won the sales price of the 4th floor on the H ground in Suwon-si, Suwon-si, Suwon-si, to sell the 3.25 billion won of the sales price.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 15, Gap evidence 3, Gap evidence 4-3, the purport of whole pleadings

2. The plaintiffs' assertion and judgment

A. The gist of the plaintiffs' assertion 1) The plaintiffs are those who own 30% shares of G Co., Ltd., the owner of I commercial building, and they have a claim for the sale price of KRW 1,398,87,000, out of the amount of money payable 3.25 million from the 4th floor of I commercial building, for C. However, C established D and completed the registration of transfer of ownership on August 8, 2016 with respect to the real estate of this case, which is the only property, for the purpose of evading the payment of the purchase price to the plaintiffs. Since D newly constructed an aggregate building consisting of the above land, D Co., Ltd. completed the registration of ownership transfer on the ground of this case's trust agreement with respect to the real estate of this case.

3. Therefore, the instant trust agreement constitutes a fraudulent act against the Plaintiffs, and thus, it should be revoked within the limit of KRW 100,000, which is a part of the Plaintiffs’ claim amount.

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