(영문) 수원지방법원평택지원 2019.12.04 2017가합10048

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(영문) 수원지방법원평택지원 2019.12.04 2017가합10048

사해신탁취소 등 청구의소

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

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

Reasons

1. Facts of recognition;

A. Investment contract 1 between the Plaintiff and D) The Plaintiff entered into an investment contract with D on August 27, 2014 with the following content (hereinafter “instant investment contract”).

2) A: (a) and B: The purpose of this Agreement is to determine the scope of and responsibilities for investments to be borne by each of the following persons for the purpose of obtaining profits through a bid for auction and public auction; (b) this Agreement is to be concluded from the time of receiving a successful bid for an auction case under the preceding paragraph of Article 2; and (c) where the proceeds prescribed in Article 10 are distributed to A and B by selling the real estate to a third party after purchasing it through a bid for the auction case under the preceding paragraph of Article 2, this Agreement shall be concluded. The investment amount under Article 4-B shall be the final successful bid price through an auction, and the deposit and balance date and conditions prescribed in Article 4 of this Agreement shall be paid, and any incidental expenses, such as transfer of ownership, shall be paid as follows. Article 5-B shall be paid. The remainder 10% of the bid bond of each of the bid bond shall be limited to the basic expenses excluding the bid bond from the bid bond, and all of the profits shall be deducted from the bid bond of A.

The bid bond for the method of payment shall be bided by the Party A when the bid is paid at the time of the tender or at the request of Party B.

On August 25, 2014, the bid date of Article 6, including bid bonds and balance of auction bonds necessary to acquire real estate for the purpose of fund use, registration fees for receipts, lien, and other expenses: Case number on August 25, 2014: 131,682,30 won: 1,880,000 won: 60-80% of the final successful bid price and 4-6% of the final successful bid price, and 4-6% of the 60-80% of the 4-6% of the 40% of the 40-6% of the 40% of the 60-80% of the final successful bid price, and Party A may request Party A to provide information related to the loan of balance

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