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(영문) 수원지방법원 2019.01.17 2018나67992
사해행위취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. (1) The plaintiff corporation A (hereinafter "the plaintiff corporation") is a corporation engaged in landscaping business, and the plaintiff Eul is the husband of F who is the representative director of the plaintiff company.

The non-party H is the actual operator of the company G (hereinafter referred to as the "non-party company"), and the defendant C, the children of H, is the representative of the non-party company in the name of the non-party company, and the defendant D is the wife of the defendant C.

(2) Around December 2013, Nonparty Company was promoting the instant project to develop I and J woodland (hereinafter “instant project”). However, the Plaintiffs invested a total of KRW 800 million in the instant project, and Nonparty Company paid KRW 1.5 billion to the Plaintiffs by December 31, 2013, and entered into an agreement with Nonparty Company (hereinafter “instant investment agreement”) on May 30, 2013 to transfer KRW 1,000 out of the instant project site to the Plaintiff Company (hereinafter “instant investment agreement”).

At the time H participated in the conclusion of the instant investment agreement as a substantial operator of the non-party company (the non-party company was not involved). At the time of the instant investment agreement, the Plaintiffs knew that H was the actual operator of the non-party company and Defendant C was the representative only under the name of the non-party

(3) From May 30, 2013 to June 27, 2013, the Plaintiffs paid a total of KRW 800 million to the non-party company as investment funds.

(4) When a comprehensive construction business license was required to carry out the instant project, H obtained the Plaintiff’s understanding that around June 2013, Defendant C was registered as an internal director, who is the representative of L, by taking over the stocks and operating rights of M, a company holding a comprehensive construction business license, taking into account KRW 180 million out of the investment amount of KRW 80 million (hereinafter “L”), and then changing the trade name on June 25, 2013 (hereinafter “L”).

In the process, H recommended the relevant persons of the Plaintiff Company or Plaintiff B to take office as L's representative.

On the other hand.

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