logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.01.12 2013나2031388
사해행위취소
Text

1. At the request of an exchange change from the trial, the defendant shall enter the land in the annexed land list to B.

Reasons

1. Facts recognized;

A. B entered into a partnership business contract with the Defendant, and from July 18, 2008, B entered into a partnership business contract with the Defendant and operated a liquefied petroleum gas filling station (hereinafter “instant filling station”) on 10 lots, including 433 square meters of land for a gas station in Daejeon Sung-gu, Daejeon (hereinafter “instant site”) from July 18, 2008.

(2) On December 29, 2008, B entered into a partnership agreement with the Defendant (hereinafter “instant partnership agreement”) with respect to the instant charging station as follows.

(A) Of the instant land for the instant project, the ownership is transferred in the name of the Defendant, and the remaining land and its ground buildings and facilities are transferred in the name of the Defendant, and the remaining land in the name of B.

(B) The equity ratio of the total amount of investment will be 2/3 of the defendant, 1/3 of B, and the exercise of rights against this will also be equal.

(C) The defendant shall invest 6,420,000,000 won in cash, and 3,210,000,000 won in cash.

(3) B purchased on November 30, 2009 each land listed in the annexed land list (hereinafter “instant land”) among the instant project sites from N from November 30, 2009 under the instant trade agreement, and completed the registration of ownership transfer on the instant land on December 14, 192.

B. B and the Defendant’s termination of the partnership agreement (1) B were the representative director of the O Co., Ltd. (in the case of a corporation for convenience from the next year, the portion of the corporation’s name is not stated separately) around September 2010.

(2) The Defendant supplied O with liquefied petroleum gas sold at the instant charging station. On April 2012, the credit credit amount of O was approximately KRW 1,085,940,000.

(3) On April 1, 2012, Defendant and B terminated the instant trade agreement on the following terms:

(A) B waives all the rights in the partnership and transfers all the equity shares to the Defendant at the same time.

(B) The defendant shall make up for the share of B in the same business through the adjustment of rent and the discount of liquefied petroleum gas sales price.

arrow