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(영문) 청주지방법원 2020.01.16 2018가단11732
사해행위취소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 21, 2016, Defendant B, each of the State property, transferred the right to cultivate (right to use and profit) on the land D, 2, E land, and 3 F land (hereinafter referred to as “the pertinent land number”) to the Plaintiff in the amount of KRW 30 million. In preference, G paid KRW 30 million for the said transfer and acquisition price, and agreed to pay the Plaintiff if G fails to pay it.

B. On June 8, 2016, the head of Masan-Gun approved the transfer or acquisition of the above land between Defendant B and the Plaintiff, and permitted the Plaintiff to use and benefit from each of the above land by setting the permission period from June 8, 2016 to December 31, 2019.

C. On May 4, 2018, G brought an action against Defendant B, this Court 2018Gadan930 case was referred to the conciliation (this Court 2018 Ma419) and the Plaintiff participated as the conciliation intervenor, and on May 14, 2018, between Defendant B and the Plaintiff, the Intervenor, the conciliation of the purport that the Plaintiff shall pay KRW 30 million to Defendant B for the cost of land creation (hereinafter “instant conciliation clause”).

Accordingly, the Plaintiff paid the above KRW 30 million to Defendant B on May 4, 2018.

On May 29, 2018, Defendant B completed the registration of ownership transfer on April 10, 2018 with respect to each real estate listed in the separate sheet.

E. On July 24, 2018, on the ground that there was a circumstance that the Dogsan Gun transferred the right to use and benefit by receiving compensation between Defendant B and the Plaintiff and transferred the right to use and benefit, etc., the Dog Gun cancelled the permission of use and benefit of land ① and ③.

[Ground of recognition] Facts without dispute, Gap 1, 4, 5, 6, 7, 8, 9, 16 (including all types of numbers; hereinafter the same shall apply), Eul 2, 3, and 6 evidence, and the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion summary ①, ② the transfer of the right to use and benefit from the land under the State Property Act.

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