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(영문) 서울고등법원 2015.01.06 2014나2005836
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. Macheon City between the Defendant and A Agricultural Partnership (corporate registration No. B, Spocheon City C).

Reasons

1. Basic facts

A. G cooperative association established on January 21, 2005 (corporate registration number H; hereinafter “G cooperative”) established on January 21, 2005 with I as its principal office in the original city of Won-si, including the conclusion of a contract for the sale of over-the-counter ginseng between G cooperative and buyer

A) 437 persons, including E and F, among November 2005 to September 2007 (hereinafter “sellers”).

B) From the perspective of the division, if the buyer pays the seed price for the long-term cerebral ginseng to the G Association and pays the management fee for the agreed period between 3 and 7 years after the purchase of a certain number of long-term cerebral ginseng, the G Union shall, after cultivating the long-term cerebral ginseng, sell the long-term cerebral ginseng to pay a certain number of cerebral ginseng or its equivalent amount in cash when the above agreed period expires (hereinafter “instant contract for sale”).

2) At the time of concluding the instant sales contract, G Union agreed to set up a collateral on the said real estate to the buyer immediately upon transfer of ownership of 4,966,35m2 (hereinafter “instant real estate”) at the time of transfer in the name of the G Association. The buyer paid to G Association totaling KRW 15,028,429,50 as the sale price for the instant sales contract.

B. A Association’s acquisition of ownership of the instant real estate and establishment of the right to collateral security by buyers 1) The representative director of the G Association as the representative director of the G Association on February 16, 2006 shall be the A A Agricultural Association (the corporate registration number B; hereinafter “A Association”) with the main office in Scheon-si C as of February 1

(2) On May 25, 2006, A Union established a mortgage on the instant real estate and completed the registration of ownership transfer on May 25, 2006 for the purpose of cultivating cerebrovate ginseng. (2) A Union completed the registration of establishment of a mortgage on the instant real estate to several buyers, according to the agreement that the G Union set up a mortgage on the instant real estate, and completed the registration of establishment of a mortgage on certain shares of the instant

C. Conclusion of a business loan agreement with No. 1 Bank and the Plaintiff.

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