logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.12.19 2017가단318180
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Es&C General Construction Co., Ltd. (hereinafter “S&C Construction”), and the other companies, after entering their trade names in the first place, omitted the indication of “stock company”) newly constructed a building A on the north-gu, Busan. On July 14, 201, Korea Trust Co., Ltd. entered into a sale management trust contract with Korea Trust Co., Ltd., and started new construction since that time.

B. On December 24, 2012, Es&C integrated construction entered into a subcontract agreement with the Doket Industries Development Co., Ltd. and the construction cost of KRW 2.730,7750,000,000 for construction work, and, on the same day, entered into a contract for the supply of officetels with the development of Doket Industries with the content that part of the officetels buildings are paid as payment in lieu of the construction cost of KRW 730,000.

(hereinafter “instant sales contract”). C.

On February 14, 2013, the development of the Dol Tae Industrial Development entered into a contract on the transfer of the right to sell the real estate listed in the separate sheet (hereinafter “instant real estate”) among the commercial buildings that the Defendant received as payment in kind (hereinafter “instant contract”). D.

On November 24, 2014, the registration of ownership preservation was completed in the name of E&C comprehensive construction on the instant real estate, and on December 26, 2014, the registration of trust was completed in the name of Korea Trust.

E. The Defendant filed a lawsuit against Korea Trust against Busan District Court 2014Gahap4807, and the Plaintiff participated in the lawsuit for the winning of the Korea Trust on February 3, 2015. On August 13, 2015, the said court rejected the Defendant’s assertion that the instant real estate was paid in substitution for the repayment of the obligation for the payment of the construction price, on the ground that there is insufficient evidence to acknowledge that the instant contract constitutes a promise for payment in kind and the sales price was paid in full. The Defendant rendered a judgment against the Defendant.

F. Accordingly, the Defendant appealed to Busan High Court No. 2015Na54424, and the development of the solar industry is developing.

arrow