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(영문) 수원지방법원성남지원 2015.10.07 2014가합209049
사해행위취소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On June 29, 195, C Co., Ltd. (hereinafter referred to as “D”) newly constructed steel framed concrete reinforced concrete structure, 7th floor F Terminal and composite building (hereinafter referred to as “instant commercial building”) on the ground of 19,000 m27,308 m2 (hereinafter referred to as “instant land”) with the Korea Real Estate Trust Co., Ltd. (hereinafter referred to as “Korea Real Estate Trust”) as a truster and beneficiary, and the trustee entered into a trust agreement (hereinafter referred to as “instant trust agreement”) with D, the truster and beneficiary, and the trust purpose:

B. On the other hand, on April 22, 200, the Plaintiff entered into a business management service agreement on the opening, opening, business management, facility management, etc. of the commercial building of this case where the Korean real estate trust was newly constructed, sold in lots, and failed to receive the service cost. On March 12, 2001, the Plaintiff filed a lawsuit against the Korean real estate trust seeking the unpaid service cost of KRW 588,257,00 and damages for delay thereof (Seoul Central District Court 2001Ga17348). The above judgment became final and conclusive around that time.

On October 5, 2011, the Plaintiff filed a lawsuit claiming service costs against the Korea Real Estate Trust (Seoul Eastern District Court 201Gahap17388), and the said court rendered a decision to recommend reconciliation that “the Defendant (B) shall pay to the Plaintiff (the Plaintiff in this case) the amount of KRW 2,131,424,30 and KRW 588,257,000, calculated at the rate of 20% per annum from September 23, 2011 to the date of full payment,” as the Plaintiff and the Plaintiff on April 10, 2012.

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