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(영문) 서울동부지방법원 2014.08.27 2013가합103542
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. Facts of premise;

A. On September 4, 2012, D sold the real estate listed in paragraph 1 of the attached Table to E, a pilot of Defendant B, and completed the registration of ownership transfer in the name of E on October 12, 2012.

B. On September 4, 2012, D sold the real estate listed in attached Table 2 to Defendant C, and completed the registration of ownership transfer under Defendant C’s name on October 12, 2012.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 9 and 10, the purport of the whole pleadings

2. Claim against the defendant B

A. The Plaintiff’s assertion F and D entered into a partnership agreement with the content that jointly promotes the business of constructing and selling the main complex building. On April 6, 2011, F borrowed KRW 170,000 from the Plaintiff as a fund for the said business. After the termination of the partnership agreement on June 29, 2012, F and D assumed the Defendant’s obligation to the Plaintiff.

D in excess of the debt owed to the Plaintiff with the intent to prejudice the creditors among those bearing the above debt, D donated KRW 210,000,000 to the Defendant B on July 4, 2012, and on September 4, 2012, sold to E the real estate listed in attached Table 1, and donated KRW 60,000,000 out of the proceeds of sale to the Defendant B.

Therefore, each contract of gift as of July 4, 2012 and September 4, 2012 as of September 4, 2012 constitutes a fraudulent act, and thus, the contract of gift as of September 4, 201 should be revoked. As a result of the revocation, Defendant B should pay the Plaintiff the amount of compensation 210,000,000 won and damages for delay.

B. Comprehensively taking account of the existence of the preserved claim Gap evidence No. 1, Gap evidence Nos. 3-1, 2, and 5 as well as the overall purport of the arguments and arguments, F and D entered into a partnership agreement with the Plaintiff on April 22, 2010 to jointly promote the business of constructing and selling a main complex building on the G ground of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, with a view to the fact that F and D entered into a partnership agreement on May 6, 201, the Plaintiff on May 6, 2011, with a face value of KRW 125,00,000,000, issuance date of promissory notes and face value of KRW 80,00,000,000, and issuance date of issuance date.

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