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(영문) 의정부지방법원 2017.11.15 2017나208035
사해행위취소 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. B entered into an agreement with C and D (hereinafter “D”) on September 27, 2013, that “B shall be paid KRW 200 million to F as a benefit arising from the succession of all the permission rights, such as development activities, diversion of farmland, construction approval, etc., to E and 10 lots (hereinafter “instant project site”) from C and D during the period of strike (hereinafter “the instant agreement”). B entered into an agreement with C and D on October 18, 2013, that “B shall pay KRW 200 million to C and D in return for the succession of all the permission rights, such as development activities, diversion of farmland, construction approval, etc., to the instant project site” (hereinafter “second agreement”).

C. On December 5, 2014, C and D entered into a claim transfer agreement with the Plaintiff and the Plaintiff on the assignment of claim amounting to KRW 200 million (hereinafter “instant claim”) with respect to the succession to the above right of license (hereinafter “instant claim”), and notified B of the said transfer by content-certified mail on December 26, 2014.

B concluded, on December 31, 2014, a pre-contract for the sale and purchase of real estate as stated in the attached list 1, 2, 3, and 4, and a contract for the sale and purchase of real estate as stated in the attached list 2, 3, and 3 on March 13, 2015, respectively, on January 2, 2015, the provisional registration of the right to claim the transfer of ownership under each of the above pre-contract for each of the above sales and afforestation industries was completed on March 16, 2015, respectively.

In addition, B entered into a sales contract on May 26, 2015 with Defendant Thai Industrial Development Co., Ltd. (hereinafter “Defendant Thai Industrial Development”), and on May 26, 2015, and completed the registration of ownership transfer pursuant to the above sales contract on June 3, 2015 with Defendant Thai Industrial Development.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers), and the purport of the whole pleadings.

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