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(영문) 수원지방법원 2018.03.27 2017가합12656
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On October 27, 201, the Plaintiff filed an application for a payment order with C with the Suwon District Court Decision 2016 tea2339 against the Plaintiff on August 14, 2012, alleging that “The Plaintiff entered into a sales agency contract with C on October 27, 201, and did not obtain approval for the use of a building, and C did not perform its normal sales business.” In order to compensate for damages incurred therefrom, C agreed to pay KRW 223,00,000 to the Plaintiff.”

On December 13, 2016, the Plaintiff received a payment order from the above court to the effect that “C shall pay to the Plaintiff KRW 223,000,000,000 and any delay damages therefor.”

The above payment order was served to C on December 22, 2016, and it was finalized on January 6, 2017 because C did not raise an objection.

B. 1) Construction contract and trust contract 1) C is a lot of land outside 2, including the wife population D (hereinafter “instant project site”).

2) On the ground, officetels (including neighborhood living facilities of the first and second floors; hereinafter referred to as “instant officetels”).

E Co., Ltd. (hereinafter “E”) around May 2012 in order to carry on the business of newly building and selling them in lots.

3) The construction of the instant officetel (hereinafter “instant construction”)

(2) On May 2012, C concluded a sale management trust agreement with F Co., Ltd. (hereinafter referred to as “F”) and C as a truster and beneficiary, F as a trustee and a trust property manager, and B as a first beneficiary of priority to receive the benefits accrued from the sale of the instant officetels, while entering into a sale management trust agreement with the trustee and a trust property manager, and as a first beneficiary of priority to receive the benefits accrued from the sale of the instant officetel, sales revenue, etc., and as the second beneficiary of priority.

3) The instant construction project was not properly carried out and terminated on November 2012 as the said contract was terminated on and around November 2012. Thereafter, C is a corporation H (hereinafter “H”).

) Although the instant construction project was contracted to the public, the construction was again interrupted while only a part of the excavation work was carried out. C) on January 2, 2014.

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