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(영문) 광주지방법원순천지원 2016.01.21 2015가합718
사해행위취소
Text

1. Defendant B and Defendant Korea Land and Housing Corporation among the Plaintiff’s primary claims against the Korea Land and Housing Corporation.

Reasons

1. Basic facts

A. (1) On January 24, 2011, the Plaintiff is a limited liability company C (hereinafter “C”).

(2) On November 15, 201, the Plaintiff: (a) lent KRW 200 million to C; and (b) drafted an investment and performance contract with the effect that the said money was converted to investments in a housing construction project on ten parcels of land, E, and that it would be refunded KRW 340 million after one year; (c) on March 5, 2011, the Plaintiff would be entitled to KRW 600 million; and (d) paid KRW 250 million to C’s account on March 15, 201, including transfer of KRW 250 million to C’s account.

However, C refused to transfer the above right of sale, but only returned KRW 150 million out of KRW 300 million received from the Plaintiff.

B. As to each land listed in the separate sheet Nos. 1, 2, and 3, which had been put into a security trust to the K non-real estate trust company (hereinafter “KB trust company”), C, on April 24, 2014, completed the registration of ownership transfer on the ground of the reversion of trust property, and reverted to Defendant B on the same day, each land listed in the separate sheet (each land listed in the separate sheet on January 13, 2015 was combined with D, 1575 square meters after the land category was changed to a building site, and the registration of ownership transfer was completed on April 23, 2014 with respect to each land listed in the separate sheet (hereinafter “instant land”).

C. Defendant B completed the registration of ownership transfer on October 2, 2014 with respect to the five-story collective housing (301, 302) on the instant land, and completed the registration of ownership transfer on January 19, 2015 to the Defendant Korea Land and Housing Corporation on December 31, 2014.

On the other hand, the instant land was registered as the site of the said apartment at the time of registration of initial ownership relating to the said apartment, and the registration to the effect that the instant land was a site site for the instant land combined with a parcel on January 13, 2015 (hereinafter “registration to the effect that it is the site of this case”) was completed on the same day.

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