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(영문) 수원지방법원성남지원 2016.07.08 2015가합202212
사해행위취소
Text

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

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

Reasons

1. Basic facts

A. The relationship between H Co., Ltd. (hereinafter “H”) and G (hereinafter “G”) and the occurrence of preserved claims 1) as the representative director of H are as follows: (a) I, who held office as the representative director of H, J-gu, Sungnam-si, Sungnam-si, J-si, 4961m2 (hereinafter “No. 1”).

) and K 4,640 square meters (hereinafter referred to as “second-party land”)

(2) The business of newly building and selling officetels, neighborhood living facilities, and cultural facilities on both lands (hereinafter “instant business”).

(2) On February 28, 2001, the Korea Land Development Corporation purchased the first land from the Korea Land Development Corporation and completed the registration of ownership transfer under the name of H on June 9, 2003, and completed the registration of ownership transfer as a reason of trust in the future of the K non-Real Estate Trust Corporation. Meanwhile, the KNA signed a contract for sale of the second land with the Korea Land Development Corporation and the Korea Land Development Corporation, and held the right to sell the second land. 2) After which I acquired the second land through the third company, not H, and thereafter, I continued to promote the new construction project of this case, and accordingly, I had L, the same book, as the representative director of G, take office on December 7, 2006.

3) H on December 29, 2009, lent KRW 3 billion in G to G with the purchase fund for the purchase of the right to sell the second land (hereinafter “loan 1”).

On January 8, 2010, G entered into a contract for the transfer and acquisition of the entire shares of 14.4 billion won with D&A and 2 land, and paid the above 3. billion won borrowed from H on the same day as the down payment. 4) H lent 3 billion won to G for the purchase of the second land (hereinafter “second loan”) on February 10, 2010, G paid the above 3. billion won as the part payment for the said transfer and acquisition contract to D&A on the same day.

5. Meanwhile, as L died on June 14, 2010 by the actual operator of H and G, L resigned from the office of representative director of G on June 23, 2010, and M who was employed as H was appointed as the representative director of H and G on June 23, 2010.

(b) G;

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