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(영문) 인천지방법원부천지원 2012.09.20 2011가합7436
사해행위취소 등
Text

1. All of the plaintiff's lawsuits of this case are dismissed.

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

Reasons

1. Basic facts

A. On December 10, 1984, the Korea Land and Housing Corporation entered into a contract to sell the instant land to Nonparty Company at KRW 797,755,000. The Nonparty Company entered into a guarantee insurance contract with the Korea Land and Housing Corporation to secure the above sales amount, and submitted the insurance policy to the Korea Land and Housing Corporation, and I and J jointly and severally guaranteed the liability for reimbursement against the non-party Company’s guarantee insurance company.

(2) Since August 1985, the non-party company was performing the new construction work of 7 Dong-dong 96 households (hereinafter “the loan of this case”) on the land of this case with the first floor and the third floor above the ground.

(3) On August 24, 1986, the non-party company sold Nos. 2 and 101 of the loan of this case to L, and the defendant B sold it to L on May 14, 1991.

(4) On July 7, 1986, the non-party company sold Nos. 3202, 202, the loan of this case to M, and the defendant C was resold by M.

(5) The non-party company sold Nos. 3 204, 204, to N on November 10, 1985, and theO received them from N, and the defendant D solely inherited them upon the death of theO.

(6) On August 15, 1986, the non-party company sold Nos. 4202, 202, 198 to Defendant E.

(7) The non-party company sold Nos. 6, 304, 6, 304, to P on October 25, 1986, and Defendant F was resold by P.

(8) Meanwhile, as the Plaintiff worked at the construction site of the instant loan by Nonparty Company, but did not receive wage of KRW 15.7 million, the Plaintiff entered into an accord and satisfaction agreement between Nonparty Company and Nonparty Company with the amount of KRW 25.7 million, which would substitute the said KRW 15.7 million as the down payment and pay the remainder of the sales price in addition to the sales price.

B. The Plaintiff’s claim against the non-party company (1) is due to financial difficulties.

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