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(영문) 서울고등법원 2019.08.29 2017나2013340
사해행위취소
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

3...

Reasons

1. Determination on the right to be preserved

A. 1) F is the 10 studio buildings owned by G in the Osan City L from G (hereinafter “instant building”).

(2) On behalf of G, under the delegation and management of the building of this case on behalf of G, after entering into a lease contract for the building of this case on behalf of the lessee, after receiving the lease deposit, monthly rent, and unpaid monthly rent deposit, and thereafter, G has continuously performed the duties of transferring the lease deposit, etc. of this case to G. After G died on December 30, 2012, F was entrusted with the above entrusted and management duties by G’s wife A and Plaintiff B, who is his child, succeeded to the building of this case, and continued to perform the previous duties. (2) F established the “J Housing Management Office” performing the leasing and management duties of the building of this case under subparagraph I located in O in O in O in O in O in Osan-si, and operated the said office together at the same place, by establishing a licensed real estate agent office of J Licensed Real Estate Agent Office, and performing the said duties delegated by G and the Plaintiffs.

From August 13, 2010 to May 16, 2011, N as a licensed real estate agent, and D as a licensed real estate agent from May 21, 201 to October 17, 2014, registered the establishment of a brokerage office and its business under the trade name of the above J Licensed Real Estate Agent Office.

3. The F, while managing the instant building, entered into a lease agreement with lessees to KRW 23 million through KRW 30 million and received the said security deposit. However, the J Licensed Real Estate Agent Office entered into a false lease agreement stating that the said lease was made in the amount of KRW 3 million to KRW 10 million through KRW 250,000,000, monthly rent, and KRW 250,000 through KRW 320,000,000, which is less than the actual security deposit, and then, from around December 20, 2010 to transfer only the security deposit under a false contract to G and the Plaintiffs.

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