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(영문) 광주지방법원 2020.11.26 2020가합51964
사해행위취소
Text

1. The plaintiff's primary claim against the defendant Eul corporation and the conjunctive claim against the defendant C corporation.

Reasons

1. Basic facts

A. On November 13, 2017, the Plaintiff, while investing KRW 500 million in D Co., Ltd. (hereinafter “D”), drafted an investment agreement in which D and investment funds are KRW 200,000,000,000,000,000,000,000. After D and January 5, 2018, the Plaintiff drafted an investment agreement in which “the Plaintiff, the obligor D, and two joint and several sureties,” the principal amount of KRW 200,00 (20,000,000,000,000 per annum 24,000,000 (No. 15,000,000,0000,000,000) and the principal amount of KRW 64,00,00,000 (no. 24,000,000).

B. On August 21, 2018, the Plaintiff received payment of KRW 29 million from D, and returned the said principal amount of KRW 200 million to D. On April 10, 2019, the Plaintiff received an order of seizure and assignment of claims against D’s limited liability company G (hereinafter “G”) for the remainder of the purchase price claim of KRW 200,041,80,000 as the title of execution with the said principal amount of KRW 640,00,000 as the title of execution.

(Seoul District Court 2019 Taz. 55143).

D) On March 8, 2019, G entered into a sales contract with G on each parcel of land listed in paragraphs (1) through (4), and completed the registration of ownership transfer on March 12, 2019. On the same day, Defendant C Co., Ltd (hereinafter “Defendant C”) completed the registration of ownership transfer claim by designating “sale reservation on March 12, 2019” as the grounds for registration. Defendant C completed the registration of ownership transfer claim on July 4, 2019 (transfer of July 4, 2019 as the grounds for registration) with the purport of transferring the above right to claim ownership transfer (hereinafter “Defendant B”) to Defendant B Co., Ltd. (hereinafter “Defendant B”). D concluded a sales contract with South Korea on June 21, 2019 and the registration of ownership transfer was completed on the same day, and Defendant B completed the registration of ownership transfer by completing the registration of ownership transfer claim on the same date.”

D In addition, on July 3, 2019, the Republic of Korea and attached Form 6 are related to real estate.

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