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(영문) 춘천지방법원영월지원 2017.09.14 2016가합365
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 15, 2015, the Plaintiff and C (hereinafter “C”) entered into a construction contract with the Plaintiff and C (hereinafter “C”) on September 15, 2015, the real estate indicated in the separate sheet (hereinafter “instant building”).

(2) After September 21, 2015 to November 30, 2015, the owner of the instant building changed to C, and D was appointed as the representative director of C on November 27, 2015 (retirement on June 14, 2016), the Plaintiff concluded a contract for construction work on November 27, 2015 and the construction work period from September 21, 2015 to November 30, 2015 with respect to the new construction work of the instant building (excluding value-added tax, advance payment of KRW 100,00 on the date of the instant contract, and the remainder payment after completion of the contract).

(3) On February 25, 2016, C paid approximately KRW 152,720,000 to the Plaintiff as the price for construction on February 25, 2016 (hereinafter “instant construction contract”). (A) asserted that the Plaintiff paid KRW 85,00,000,000 to the Plaintiff as repayment for KRW 85,000,00,000,000,000,000,000,000,000,000,0000,0000,0000,0000,000,0000,000

B. B. B. The Defendants’ establishment of the right to collateral security 1) C transferred the amount of KRW 250 million from Defendant B on April 14, 2016 to C’s account in the name of Defendant B, and KRW 60 million from which the amount was transferred from Defendant E’s account in the name of Defendant B to C.

On the same day, Defendant A paid KRW 150 million to Defendant A in the actual amount of KRW 150 million to Defendant A on April 15, 2016.

Each loan was borrowed.

2 C, after completing registration of initial ownership relating to the instant building on April 14, 2016, each of the maximum debt amounts of KRW 225 million against Defendant A and the maximum debt amounts of KRW 375 million against Defendant B on the same day.

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