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(영문) 서울남부지방법원 2018.09.21 2017가단227732
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On March 20, 2015, each of the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter collectively referred to as “instant real estate”) was registered for ownership preservation in the future of the International Asset Trust Co., Ltd. on March 20, 2015, and each transfer of ownership has been completed to the Plaintiff A (hereinafter referred to as “Korea Trust”) due to the reasons attributable to the trust property on the same day.

After that, the Seoul Southern District Court received on March 10, 2016 the same month as Seoul Southern District Court No. 13836, 13839.

4. The registration of ownership transfer was completed in Defendant C’s future on the grounds of sale, and the registration of ownership transfer was completed in Defendant D on April 22, 2016 as Seoul Southern District Court Decision 23231 on April 11, 2016.

【Fact that there has been no dispute, Gap evidence 6-1 and 2】

2. The Plaintiffs asserted that they concluded a “Joint Development Agreement” with Nonparty E, the husband of Defendant C, to jointly develop the Gangseo-gu Seoul Metropolitan Government F and 12 parcels, and agreed to liquidate a development project with the payment of KRW 2 billion in cash from E on June 2015 at the end of the failure to implement the development project, but at the end of the failure.

Therefore, around June 2015, E was responsible for the financial obligation of KRW 2 billion against the Plaintiffs. Among them, only KRW 1.45 billion was repaid, and the remainder was determined by the Seoul Southern District Court Decision 2016Gahap11936 decided on March 30, 2017 to bear the obligation of KRW 300 million and delay damages against the Plaintiffs.

E, as above, has been liable to the Plaintiffs on March 4, 2016.

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