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(영문) 서울동부지방법원 2016.01.19 2013가합11735
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of housing construction business on November 15, 2001, and the Defendant is a company established for the purpose of landscaping business on February 6, 2001. 2) Non-Party E Co., Ltd. (F Co., Ltd.; hereinafter “E”) has promoted the construction of a golf course in the name of “H” (hereinafter “the instant golf course”) from October 200 to around 170,00,000, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. From October 2001, the Plaintiff was promoting the construction of a golf course in the name of “H” (hereinafter “instant golf course”). From around October 2001, the construction of the separate complex in the name of “J” (hereinafter “instant golf course”).

E on December 9, 2005, for the operation of a golf course, established H Co., Ltd. (C Co., Ltd. and hereinafter “H”) by means of division under the Commercial Act.

3) On November 9, 1998, K, who is the actual director and manager of E and H, was appointed as the representative director of E on December 20, 200, and retired from office on December 20, 2003. The Plaintiff’s representative director was in friendly relationship with D and for a long time. (b) The conclusion of the first investment agreement of this case was Article 2 (Duties and Responsibilities of Both Parties).

1. Obligations and responsibilities of E (1) Overall control of overall affairs, such as project plans, purchase of sites, and progress;

(2) All project costs, such as land prices, shall be borne.

2. The Plaintiff’s obligations and responsibilities (1.0 billion won in the progress of the project) shall be invested.

(2) Related documents and part of affairs necessary for the progress of the project shall be provided to the plaintiff.

Article 5 (Guarantee of Investment Proceeds)

1. In order to preserve the Plaintiff’s investment return, E transfers the ownership of part of the project site ( approximately KRW 2,500,00,000, non-O, and four parcels, in the name of “P” nominated by the Plaintiff, and transfer approximately KRW 420,00,00,000,00,000, in the name of E and joint name.

2. Where it is necessary to delete the plaintiff from the joint name of business, the plaintiff shall prepare a system for preserving the plaintiff's investment proceeds by any other means.

Article 6 (Recovery of Investment Money) Business Proceedings

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