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(영문) 울산지방법원 2016.06.21 2014가단24593
사해행위취소
Text

1. As to each real estate listed in separate sheet No. 10 and 11:

A. On December 31, 2013, between C Co. and the Defendant.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) and the Defendant’s trust registration 1) C is the instant building on April 2009, the first underground floor and the second 20th floor neighborhood living facilities and officetels (office 16 households, apartment houses 63 households, and hereinafter “instant building”) on the fourth and fourth lots outside Ulsan-dong, Ulsan-gu, Seoul-gu, and D around April 2009

(2) On April 20, 2012, the E Co., Ltd. (hereinafter “E”) was established with the Defendant, the representative director, as of the time of C’s construction permission. On June 18, 2012, the E Co., Ltd. was divided and merged into E.

3) On the same day following the completion of registration of initial ownership relating to the instant building on November 22, 2013, C and a trust contract with the Defendant for each of the real estate listed in attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, and 15 (hereinafter referred to as “trust contract with the Defendant on November 22, 2013”).

On November 27, 2013, the Defendant entered into a trust agreement with the Defendant on December 31, 2013 (hereinafter “trust agreement as of December 31, 2013”) with regard to each of the real estate listed in Articles 10 and 11 of the separate sheet with the Defendant (hereinafter “trust agreement as of December 31, 2013”), and completed each of the above real estate on December 31, 2013.

B. Plaintiff’s claim 1) On April 30, 2014, the Plaintiff provided human resources supply services with the name of “F”, namely, “F, from May 2, 2012 to December 16, 2013, to E, but did not receive wages equivalent to KRW 93 million. 2) C paid the Plaintiff KRW 20 million out of the said wages.

3) The Plaintiff filed a lawsuit against C and E claiming the above wage (Ulsan District Court 2014da15209, Ulsan District Court 2014da15209, and Ulsan District Court 1 April 1, 2015, “C and E pay 730,050,000 won to each Plaintiff and damages for delay from December 17, 2013.”

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