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(영문) 서울고등법원 2015.12.10 2015나9174
손해배상 및 사해행위취소
Text

1. The judgment of the first instance, including the claims added at the trial, shall be modified as follows:

Defendant G, I respectively.

Reasons

Basic Facts

Defendant G is a person operating the “N Real Estate Brokerage Office” in Gwanak-gu in Seoul Special Metropolitan City, and Defendant H is a father of Defendant G, who lent his name as a licensed real estate agent to Defendant G to operate the said brokerage office.

Defendant I is a licensed real estate agent who operates an “O real estate brokerage office” in part of the above M M’N real estate brokerage office, and Defendant J is an employee of the above O real estate brokerage office as Defendant I’s wife, and Defendant K is an infant of Defendant J.

Meanwhile, since around 2003, R Co., Ltd. (hereinafter “R”) promoted a new apartment construction project (hereinafter “instant project”) by establishing the Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government Housing Association (hereinafter “the instant project site”) with its business zone from around 2003 to establish the instant association (hereinafter “instant association”) and the representative director files a criminal charge of fraud, embezzlement, etc. with another business, and the financial situation has aggravated, the report on business closure was made on December 31, 2008. On April 29, 2009, Article 3(3) of the Agreement on Transfer of Business Rights provides that “A (P) shall enter into a new agreement with the Plaintiff to transfer all rights and obligations related to the instant project to the P Co., Ltd., a part of the members of the instant association established, and shall be subject to the mutual consent of the Plaintiff’s members who entered into the agreement with the Plaintiff during the project promotion (hereinafter “A”) to enter into a new housing association.”

AB concluded the agreement.

Defendant L is a director of R and was established on May 6, 2009 by P Co., Ltd. (hereinafter “P”), and was a person who was a representative director of P until December 10, 2009. Defendant I is a representative director of P on December 10, 2009.

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