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(영문) 서울중앙지방법원 2019.08.29 2019가단5007948
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The fact of recognition ① The Plaintiff sought a loan of KRW 150 million from the Incheon District Court 2017Kadan257103 against the non-party L (hereinafter referred to as "non-party L"), M farming association, and N Co., Ltd. whose representative director is the non-party L (hereinafter referred to as "non-party L") and was sentenced to partial winning judgment on August 31, 2018 that "the Defendant jointly and severally paid KRW 100 million and its delay damages."

(hereinafter referred to as “instant loan”). At the time of Incheon District Court 2018Na65821, the said money claimed by the Plaintiff to be lent to the Nonparty, etc. is still pending in the appellate trial.

② Defendant B, C, D, E, F, G, H, and P (hereinafter “Defendant, etc.”) received a proposal from Nonparty S, T, and U, which is an investment solicitation scheme for the R Area Housing Association project in Yongsan-gu Seoul Metropolitan Government, to purchase the land and buildings indicated in the attached list (hereinafter “instant real estate”). At the time, the sales contract was concluded between V, the owner of the instant real estate, and the Nonparty, H, and U on June 26, 2017, with Nonparty V, the real estate owner of the instant real estate, who is the owner of the instant real estate, and Nonparty, H, and U on June 26, 2017, the sales contract was formulated as of June 26, 2017.

(B) evidence Nos. 19-1), and one of the parties to the contract, completed the registration of ownership transfer in the name of the non-party, and then again completed the registration of ownership transfer from the non-party, and entered into a sales contract with the content that the non-party purchases approximately KRW 38 million to KRW 350 million from the non-party.

③ Accordingly, the Nonparty completed the registration of ownership transfer for the reason of sale on July 18, 2017, and completed the registration of ownership transfer for the instant real estate between July 18, 2017 and August 9, 2017, respectively, the Nonparty completed the registration of ownership transfer for the reason of sale to the Defendant, etc., and thereafter, sold the shares to Defendant I on August 24, 2017 for the shares to be acquired for the reason of sale as of August 22, 2017.

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