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(영문) 서울고등법원 2016.06.23 2016나976
손해배상(기) 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs' claims for the revocation of fraudulent act added by this court.

Reasons

1. Basic facts

A. The deposit membership golf club C Co-Defendant C Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd. (hereinafter “C”) in the first instance trial on the membership agreement between the Plaintiffs and C (hereinafter “C”) is an executor who implemented a golf course creation project that was opened at D Day on September 201, 201.

On January 2010, the Plaintiffs entered into a contract for subscription to the establishment of a golf course with a patrolman C, and deposited the subscription money as follows.

Plaintiff

A total sum of the three deposits of the first three deposits, A A, on January 27, 2010, KRW 150 million on April 30, 2010, KRW 100 million on April 30, 2010, KRW 150 million on KRW 150 million on January 25, 2010 B, KRW 10 million on March 10, 2010, KRW 250,000 on April 30, 2010.

B. On December 14, 2006, C purchased one land in order to construct a golf course, such as purchasing Chuncheon City D on December 14, 2006, and each land and building listed in the separate sheet No. 1 (hereinafter “instant real estate”) in around 2007.

(2) On January 22, 2008, C completed the registration of ownership transfer under the name of trust property under C with respect to land which is the object of trust on January 22, 2008. On the same day, C entered into a trust agreement with the same comprehensive financial securities company (hereinafter “Dong Yangyang Financial Securities”) and completed the registration of ownership transfer in the name of Dong Yang Financial Securities.

C. C with respect to the raising of funds and the conclusion of the instant trust agreement, on February 11, 2010, completed the registration of ownership transfer based on the trust property reversion in the name of C with respect to the land subject to the trust, and on the same day, the maturity date is KRW 3 billion from the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) on December 30, 201, and KRW 7 billion from the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”).

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