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(영문) 수원지방법원 2018.03.27 2017가합1168
사해행위취소 및 배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim against C filed an application for a payment order with the Suwon District Court Decision 2016 tea248 against C, alleging that “The Plaintiff leased KRW 1,018,850,000 to C on February 21, 2012 as the due date set on June 30, 2016.”

On November 30, 2016, the Plaintiff received a payment order from the above court to the effect that “C shall pay to the Plaintiff KRW 1,018,850,000 and delay damages therefor.”

The above payment order was served on C on December 7, 2016, and it became final and conclusive on the same day as C renounced an objection.

B. 1) Construction contract and trust contract 1) C is a lot of land E and 2 (hereinafter “instant project site”).

2) On the ground, officetels (including neighborhood living facilities of the first and second floors; hereinafter referred to as “instant officetels”).

F Co., Ltd. (hereinafter referred to as “F”) around May 2012 in order to carry on the business of newly building and selling them in units.

3) The construction of the instant officetel (hereinafter “instant construction”)

(2) On May 2012, C and G Co., Ltd. (hereinafter “G”) concluded a sales management trust agreement with the truster and beneficiary of C, G as trustee and administrator of trust property, and the instant office site and sales revenue as trust property, and designated H Co., Ltd. as the first beneficiary of priority to receive the income accrued from the sale of the instant officetel as the first beneficiary of priority, and F as the second beneficiary of priority.

3) The instant construction was not properly carried out, and the said contract between C and F was terminated on or around November 2012. Following that, C is a corporation I (hereinafter “I”).

(4) On June 20, 2014, C contracted the instant construction to the Defendant at KRW 15,251,500,000, with the payment of the construction cost set forth by the Defendant around June 20, 2014.

hereinafter referred to as "the contract of this case"

. Accordingly, C and G.

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