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(영문) 울산지방법원 2017.09.20 2017가단50692
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

B was operating a gas station (the building listed in attached Table 2, hereinafter referred to as the "gas station of this case") on the ground of Yangsan-si.

The gas station of this case is the only real estate of B, and there is no other active property of B.

The Plaintiff supplied alcoholic beverages to B by December 2015, and the amount of credit payment is the same as the amount stated in the purport of the claim.

On August 26, 2015, the Defendant purchased facilities of this case, such as gas stations and liquor abandonment, in total of 1.7 billion won from B.

[1] Around May 2015, B: (a) placed the instant gas station in the “E Real Estate Development Office”, a real estate intermediary located adjacent to the instant gas station; (b) around June 2015, the Defendant, who visited the said brokerage office, was to purchase the gas station of this case by introducing office F (as the real estate agent column of “B B 1” (real estate sales contract) was public, it is doubtful whether F was to mediate the purchase of the gas station of this case; (c) on the other hand, it is clear that F was located in the vicinity of the instant gas station; (d) in order to sell it, it is difficult to view that the sales contract was naturally concluded between B and B, and it is difficult to view that the Defendant purchased the gas station of this case without any personal relations with B, and (d) the Defendant did not have any involvement in the sales contract of this case as to the purchase price of the gas station of this case.

[1] The defendant is with B.

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