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(영문) 대구지방법원 2015.01.23 2014가단15375
사해신탁취소
Text

1. The plaintiff's request is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff invested KRW 63 million in EPS Co., Ltd. (hereinafter “EPS”) in EPS Co., Ltd. (hereinafter “EPS”)

On December 22, 2011, the Plaintiff and Nonparty Company: (a) entrusted the Plaintiff with the preparation of a notarial deed that the Company is liable to pay an investment amount of KRW 63 million to the Plaintiff; and (b) drafted a notarial deed (No. 1301).

B. On February 10, 2012, Nonparty Company, which entered into a trust agreement, was loaned KRW 1.8 billion at the Gangnam-gu Agricultural Cooperative Branch in Ansan-gu to raise funds for purchase of real estate listed in the separate sheet (hereinafter “instant real estate”).

The non-party company paid the purchase price for the real estate of this case with the loan, and completed the registration of ownership transfer in the non-party company.

The non-party company entered into a trust agreement with the defendant (hereinafter “instant trust agreement”) in order to secure the payment of loan obligations, and completed the registration of ownership transfer based on the trust on February 10, 2012, as stated in the purport of the claim.

The first beneficiary of the trust principal of the instant trust agreement is "Yannam Agricultural Cooperative Branch" and the first beneficiary limit is "2.34 billion won."

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1 through Gap evidence 3, Eul evidence 5 through Eul evidence 7 (including additional number, if any) and the purport of whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that the instant trust agreement constitutes a fraudulent act, since the Nonparty Company concluded the instant trust agreement with the Defendant with the status of excess of debt and completed the registration of ownership transfer.

The defendant is not a fraudulent act, since the defendant obtained a loan to purchase the real estate of this case and entered into the trust contract of this case.

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