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(영문) 서울중앙지방법원 2017.04.28 2016가합539590
사해행위취소
Text

1. On March 2, 2016, between the Defendant and the Ecobbrote Co., Ltd., a contract was concluded on the claims indicated in the separate sheet.

Reasons

1. Basic facts

A. The Cocoblue Co., Ltd. (hereinafter “Ecoblue”) entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the Coco asset trust (hereinafter “Co asset trust”) on May 12, 2015, for the purpose of financing business funds from the Korea Investment Savings Bank (hereinafter “Korea Investment Savings Bank”), and completing the registration of ownership transfer under the name of Cco asset trust on May 20, 2015, for the instant land on the ground of the said trust agreement.

B. On August 10, 2015, the Plaintiff: (a) lent KRW 620,000,000 at the maturity date on January 10, 2016; and (b) on the same day, at the rate of 25% per annum; and (c) on the same day, the instant No. 204 on the second floor of the commercial building scheduled to be newly constructed from the Ecobroto as security for the foregoing loan claim was sold in lots at KRW 700,000 (excluding value-added tax); and (b) agreed that the sales contract shall be null and void in cases where Ebcotos pay the loan obligation in full at the maturity date.

C. On November 9, 2015, the Defendant entered into a contract for the construction of the instant commercial building on November 9, 2015, with the date of the commencement of the construction of the instant commercial building, and on December 30, 2016, the construction cost of KRW 7,700,000 (including value-added tax) and the completion date of the construction of the instant commercial building; and the contract for the supply of and demand for the construction of the instant commercial building upon payment once a month for progress payment (hereinafter “instant contract”); thereafter, the Defendant carried out construction works for the construction of the instant commercial building in accordance with the instant contract.

Since then, the Korean Investment Savings Bank could not pay interest on loans to the Korea Investment Savings Bank, which is the first priority beneficiary of the instant trust agreement, due to the shortage of funds in ECoB, and the Korea Investment Savings Bank will request a public sale of the instant land.

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