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(영문) 서울고등법원 2019.02.13 2016나2050250
사해행위취소
Text

1. The plaintiff's appeal and the conjunctive claim expanded by this court are all dismissed.

2. The costs of appeal shall be borne by the court.

Reasons

Facts of recognition

The parties concerned C Co., Ltd. (hereinafter referred to as the “C”) are sectional owners who own some of the sectional owners of the 6th underground and the 39th ground-based condominiums in the name of the “H” in Guro-gu Seoul Metropolitan Government, and the 40th ground-based condominiums (hereinafter referred to as the “instant building”) and the 6th ground-based condominiums in the name of “N” in Gwangjin-gu Seoul Metropolitan Government, and the 39th ground-based condominiums.

The Defendant is a manager who entered into a “building Management Entrustment Contract” with the H Building Management Body composed of the owners of each sectional store of the instant building, including C, around December 1, 2007.

The Plaintiff’s claim against C, on May 22, 2008 and August 24, 2009, set the lease deposit amount of KRW 31,579,715,200 from C to a certain sectional store of the O building, but the lease contract was terminated around March 31, 2012, transferred each of the above real estate to C.

On July 11, 2012, the Plaintiff filed a lawsuit against C seeking the return of the lease deposit (Seoul Eastern District Court 2012Gahap6600) upon the termination of the lease agreement under the above Paragraph (1) and was sentenced by the above court to the effect that “C shall pay the Plaintiff the amount calculated at the rate of 20% per annum from April 1, 2012 to the date of full payment, and from April 1, 2012, the said judgment became final and conclusive (hereinafter “instant judgment”).

(C) On October 20, 2012, the 7th floor unit of the instant building owned by the Defendant and C under the consignment operation contract and the instant lease contract, C used the expression “Gu unit” in three units. (Attachment 2 table Nos. 1 through 128)

(C) the real estate listed in [Attachment II] 129, 130;

Section 1 of this case is entrusted with the authority to manage and operate the Company from November 1, 2012 to October 30, 202, respectively.

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