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(영문) 제주지방법원 2016.12.09 2015가단56818
사해행위취소
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

Basic Facts

A. The Plaintiff completed the construction project after concluding the remodeling contract with the pertinent company, but did not receive the construction cost equivalent to KRW 97,00,000 from the said company.

B. Accordingly, on October 20, 2015, the Plaintiff filed a lawsuit against this company with the Jeju District Court No. 2015da4121, and rendered a judgment on October 20, 2015 that “The Plaintiff shall pay the Plaintiff KRW 97,00,000 and delay damages.”

C. Meanwhile, on December 1, 2014, the Defendant Company: (a) was dissolved pursuant to Article 520-2(1) of the Commercial Act; (b) was dissolved as of December 9, 2014; and (c) was continued to exist through a resolution of the general meeting of shareholders on December 19, 2014; and (d) was prepared at the company and notary public D office on August 6, 2015, at the 2015’s office, at the notarial deed No. 623 of the 2015’s notarial deed (hereinafter “instant notarial deed”); and (b) applied for a compulsory auction on the instant real estate, the sole property of this notarial deed, based on obligations under the said notarial deed, to Jeju District Court E.

On December 17, 2014, Defendant C concluded a contract to establish a mortgage (hereinafter “mortgage”) with the obligor, Defendant C as to the instant real property, the maximum debt amount of which is KRW 195,00,000,00, and the mortgage (hereinafter “mortgage”) with Defendant C as to the instant real property, and completed the registration of establishment of a mortgage on December 18, 2014 by the Jeju District Court Seopopo District Court No. 63462, Dec. 18, 2014.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 5, the plaintiff's assertion of the purport of the whole argument, the defendant company's assertion of the purport of the whole argument, was ordered to be dissolved due to the absence of activity. Although the company continues to exist, there is no activity, and the address is the same as the office of licensed real estate agents B, the in-house director F, the representative director of the defendant company, is also merely a subordinate company made formally as the representative of the above licensed real estate agent's office, and further, the letter

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