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(영문) 인천지방법원 2016.07.20 2015가단231381
사해행위취소
Text

1. The title trust agreement between Defendant A and C is revoked on March 4, 2014 with respect to the shares listed in the separate sheet between Defendant A and C.

2...

Reasons

1. Facts of recognition;

A. The following conciliation was concluded in the Daejeon High Court case No. 2009Na9018 between the Plaintiff and Nonparty C Co., Ltd. (hereinafter “C”).

- C shall pay to the Plaintiff the amount of KRW 150,00,000 and the amount calculated at the rate of 20% per annum from November 1, 2010 to the day of complete payment. From June 17, 2009 to the day of complete payment, C shall pay to the Plaintiff the amount calculated at the rate of KRW 10,00,00 per month from June 17, 200 to the day of delivering each of the amount of KRW 7,273 square meters of D Forest land, E, 7,273 square meters per annum to the day of delivery to the Plaintiff.

B. On February 27, 2014, C entered into an agreement on the acquisition or transfer of business rights (hereinafter “instant transfer agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) as follows, and received payment from Defendant Company 200 million won out of the transfer price:

① The Defendant Company shall take over the business right of the apartment building construction project from Da, 5 Dong-dong 299, Dong-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and pay 2.2 billion won to C with the acquisition price.

② For security for the payment of the above transfer price, the Defendant Company shall give 9% shares of the Defendant Company to the F or a person designated by C representative director, and additionally transfer 51% of shares to the person designated by C or C at the time of transferring the construction permit.

(3) A corporation shall appoint a person designated by C corporation as the auditor of the defendant corporation, and shall not participate in business management.

④ Where the Defendant Company pays the balance of the transfer price to C in cash, C shall resign from the audit and refund 60% of the transferred shares without any condition.

5. Designation C: Defendant A.

C. On March 4, 2014, C and Defendant Company entered into an investment-in-kind agreement (hereinafter “instant investment agreement”) pursuant to the said agreement for acquisition of business rights, and the said agreement stipulates the following:

Article 4 The defendant Company shall register the defendant A, a director of C, as the auditor of the defendant Company at the time of the conclusion of this Agreement with respect to the investment of the defendant Company C, and shall transfer 9% of the shares.

Provided, That C shall be in the management of this business.

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