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(영문) 서울중앙지방법원 2017.04.07 2015가합529978
사해행위취소
Text

1. The Intervenor’s application for each supplementary participation is permitted.

2. Of the instant lawsuits, each of the instant lawsuits.

Reasons

1. Facts of recognition;

A. A company (hereinafter referred to as “A”) is a corporation established in accordance with the laws of the Brazil, and has its head office in the U.S. Emirate.

B. A around December 31, 2014, around December 31, 2014, concluded a financial advisory agreement with B (hereinafter “instant financial advisory agreement”) with respect to B’s procurement of approximately KRW 150,000,000 in U.S. currency as a fund to operate a business of converting Q Condominium into a R hotel owned by B, as a fund to operate a business of converting Q Condominium into a R hotel.

C. B B With D Co., Ltd. (hereinafter “D”), with respect to the above 2 to 4 underground and 6 to 17th 17th tier above ground among the above 2nd Q aggregate buildings in Jung-gu Seoul, Jung-gu, Seoul, with respect to the above 19th 4 to 498 units above 2nd 19th 2015 and the above 5th 34 units above the ground.

4.9. Each S Co., Ltd. (hereinafter “S”) entered into a security trust agreement (hereinafter “instant trust agreement”) with priority beneficiary, and completed the registration of ownership transfer based on the trust, designating D as trustee, each of the above real estate (hereinafter “each of the instant trust property”).

Around July 7, 2015, the truster and the beneficiary of the instant trust contract, S, D, and the defendant litigant, the first beneficiary of the instant trust contract, concluded a "contract replacing the trustee" with the content that D, the trustee stipulated in the instant trust contract, withdraws from the status of the trustee, and appoint the defendant litigant as a new trustee, and appoint the defendant litigant as a new trustee, thereby succeeding all the trust affairs under the instant trust contract.

E. Accordingly, D resigned from the trustee status on July 7, 2015. On the same day, B entered into a modified contract with the defendant litigant, and entered into the instant trust agreement (hereinafter “instant modified trust agreement”) on the instant trust agreement (hereinafter “instant modified trust agreement”); and on the same day, D resigned from the trustee status on July 7, 2015.

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