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(영문) 광주지방법원순천지원 2014.05.02 2013가단71948
사해행위취소
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff has a tax claim equivalent to KRW 1.1 billion as of October 7, 201 with respect to B, and B is a debt excess.

B. B owned the shares of the Unlimited Partnership Co., Ltd. (hereinafter “C”), but concluded a share transfer agreement with the Defendant on October 7, 201, and transferred all the said shares to the Defendant.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-6 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The assignment by the plaintiff B of the parties to the defendant of the shares in the attached Form constitutes a fraudulent act detrimental to the plaintiff who is the creditor.

As Defendant B was transferred to take charge of real estate development activities owned by C, the above shares were not fulfilled, and thus, the above shares were returned to the Defendant again, and it is not a fraudulent act.

B. In full view of the evidence mentioned above, evidence Nos. 1 and 2 as well as witness F’s testimony, the following facts are recognized.

C was a company that owns all shares of the Defendant and the Defendant’s family members, and owned a building of 3311m2 and its ground (hereinafter “each of the instant real estate”).

The defendant tried to develop each real estate of this case through G, the representative director of G, and B obtained a loan as security for the said development project, and the representative members of C and C had to stand joint and several sureties.

Accordingly, on June 25, 2009, the defendant transferred the shares in the attached Form C to B and appointed B as the representative member because he/she could not perform his/her joint and several sureties.

B on August 6, 2009, with the debtor C, the maximum debt amount of KRW 1,690,000,000 as the maximum debt amount of KRW 1,690,000, set up the right to collateral security on each of the real estate of this case and borrowed KRW 1,200,000 from the Enterprise Mutual Savings Bank.

If development projects for each real estate of this case are successful, B shall have all equity interest in C,00,000.

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