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(영문) 서울중앙지방법원 2017.09.21 2016가합572399
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. C around April 13, 2009, each of the lands listed in the separate sheet 1 to 4 annexed hereto (hereinafter “instant land”) adjacent to the North Korean River around April 13, 2009

) After obtaining ownership by winning a successful bid, D'D' main complex building(hereinafter "the instant building") on the instant land is the building.

(C) the project to newly build and sell the facility (hereinafter referred to as the “project”) is the project of this case.

(2) In order to promote the project, a comprehensive construction of YYA Co., Ltd. (hereinafter referred to as “comprehensive construction”) around July 201.

(3) Defendant Korea Trust Co., Ltd. (hereinafter “Defendant Korea Trust”)

(2) Defendant Busan Regional Credit Union (hereinafter “Defendant Busan Regional Credit Union”)

) The instant business agreement and agency contract with respect to the instant business (hereinafter “instant business agreement”) are called the business agreement.

(2) On July 29, 201, C entered into a security trust agreement with Defendant Korea Trust and this case’s land (hereinafter “instant land trust agreement”) with Busan Newcom (hereinafter “the instant land trust agreement”) with the first beneficiary on July 29, 201 (hereinafter “the instant land trust agreement”) to promote the instant project as a contractor, and to manage and implement the instant land and buildings under a security trust as an agent, and to manage and execute the project funds, such as sales revenue, etc. as an agent.

The contents of the instant land trust agreement relating to the instant case are as follows.

Article 10 (Lease, etc.) (3) Where a lease contract is terminated or terminated during the period of trust, the truster shall bear the obligation to return the lease deposit, etc., and the new lease contract shall be made in the name of the trustee.

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