logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.08.28 2013가단49739
사해행위취소
Text

1. As to the real estate stated in the separate sheet to the plaintiffs

A. On February 1, 201, between Nonparty D and the Defendant.

Reasons

1. Basic facts

A. From April 2010 to May 201, the Defendant: (a) constructed a 1 unit of land B in Daegu-gu, Seogu; (b) constructed a 2 unit of land on the land (hereinafter “G building construction”); (c) the construction of a 2 unit of loan on the land (hereinafter “HG construction”); (d) the construction of a H in Daegu-gu, Daegu-gu, the H, and the extension of a J kindergarten located in Daegu-gu I (hereinafter “GG construction”); or (c) the extension of a J kindergarten located in Daegu-gu I.

B. On January 2010, the Defendant ordered the completion of the construction of the G building, the HJD construction and the kindergarten construction to Nonparty D subcontracted the said G building to Nonparty D, and the said G building site and the building to be paid in lieu of the construction cost.

In this regard, the defendant and the above D entered into a written contract for construction work with construction cost of 50 million won, 2.2 million won per deliberation for HJD, and 4.2 million won per deliberation for kindergarten construction work, and 4.20 million won per construction cost for kindergarten construction work.

(See Evidence No. 2-1 and Evidence No. 2-63,64)

C. Upon the request of the foregoing D, Plaintiff A lent KRW 20 million to the Habman on October 2010, and KRW 30 million around the end of December 2010, and Plaintiff B lent KRW 194,826,040 from October 14, 201 to February 1, 2011 upon the D’s request that the payment of the construction cost would be lent.

On February 1, 2012, the Defendant made a pre-contract for sale and purchase of the real estate stated in the foregoing D and the attached list, and completed the provisional registration stated in the purport of the claim on February 8, 2011 (hereinafter referred to as the “provisional registration of this case”).

(However, the provisional registration of this case was completed in the future of the defendant without the registration of destruction even though the building No. 2 among the real estate listed in the attached list was destroyed or lost.

E. The above D agreed to receive the construction cost as a substitute for the G building construction, H lending construction, or kindergarten construction, and the subcontractor did not have an intention or ability to pay the construction cost in accordance with the fairness, in cash.

arrow