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Reasons
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(영문) 창원지방법원통영지원 2014.10.02 2013가합1194
사해행위취소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 29, 2006, the Plaintiff, who had been engaged in construction business with the name of E lending the name of D, entered into a construction contract with the network G that operated the inspection of F, and the construction contract to establish a charnel house I, in the H site in the vicinity of the F, Tong-si (hereinafter “instant contract”). The details related to the instant case are as follows:

(A), except in section 4 below, “A” and “B” mean the Plaintiff respectively. Article 4 (Construction Method and Contract Price Provisions)

2. Calculation (Determination of Gross KRW 50,000,000) of the construction amount: The construction amount per day shall be determined as KRW 50,000,000,000, which shall be determined as KRW 25,000,000,000 after the contract, shall be paid “B” (as in Article 4, the same shall apply from the total of Article 4, hereinafter) to “B” and the remainder of KRW 25,00,000 (as in the total of Article 4, hereinafter the same shall apply) shall be paid to “B” (as in the case of a clerical error in the part of “B; hereinafter the same shall apply in the whole of Article 4), and the construction amount shall be paid after I: (b) the daily amount of KRW 25,00,000,000 (as in the case of 49,000,000), and the construction amount shall be paid to “A” as “B” and “B” after consultation.

(A) When preparing a separate contract, the amount of the construction shall be determined by property)

3. The value-added tax of the construction cost shall be separate, and expenses for sales advertisement shall be borne jointly;

Article 7 (Payment of Construction Costs and Management of Proceeds from Sale) In principle, the construction cost under the I Construction shall be disposed of as I sales revenue.

In principle, "B" shall be placed on "A" free of charge after building I, and "A" shall be paid in cash to "B" with the top priority from the time of the occurrence of earnings through I sale.

B. Around February 2007, the Plaintiff completed I under the instant contract and delivered I to the network G at that time, and on March 7, 2007, the network G completed the preservation registration of ownership on the I building.

C. The plaintiff and the deceased.

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