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(영문) 대구지방법원 2019.06.19 2019나301041
사해행위취소등
Text

1. The plaintiff's claim that was changed in exchange in this court is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. On March 8, 2016, the Plaintiff sold to E Co., Ltd. (hereinafter referred to as “E”), each of which amounting to KRW 14,597,00,000, and KRW 594,000 on April 14, 2016, respectively.

On October 6, 2016, the Plaintiff filed a lawsuit against E to claim for the payment of goods (Tgu District Court 2016 Ghana448), and received a decision of performance recommendation that “E shall pay to the Plaintiff KRW 11,191,00 and delay damages therefor,” and the said decision of performance recommendation was finalized on October 27, 2016.

B. On March 24, 2016, F Co., Ltd. (hereinafter “F”) concluded a contract with E to newly construct a factory building on the ground of the real estate listed in paragraph (1) of the attached Table No. 1 owned by Nonparty Company (hereinafter “instant factory site”) and sell it to E.

C. According to the above sales contract, E purchased from the non-party company the share of 260.6/153 of G road 1,153 square meters, including the land for the instant case, from the non-party company, the share of 375/2514 of H road 1,446 square meters, the share of 375/2514 of G road 961 square meters, the share of 375/2514 of J road 98 square meters, and the share of 375/2514 of K road 8 square meters of K road, and the share of 375/2514 of the price of new factory building (30 square meters), and the share of 1.85 billion won of the price of new factory building (300 square meters), and the payment of the down payment and the remainder shall be made through mutual consultation.

On the ground of the factory site of this case, the non-party company newly constructed the real estate listed in paragraph (2) of the attached Table 2 (hereinafter referred to as the "factory building of this case", each of the above land including the factory site of this case, referred to as the "each of the above land of this case", and the relevant land of this case and the factory building of this case referred to as the "each of the above real estate of this case" was completed registration of preservation of ownership as to the factory building of this case on August 9, 2016 without paying the purchase price pursuant to the above sale contract, and completed the registration of ownership transfer as to each of the above land

E. E: (a) August 9, 2016, each of the instant real estate is a joint security, and L.

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