logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2015.10.16 2014가합1201
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or which are recognized by the whole purport of each of the statements and arguments stated in Gap evidence Nos. 1, 2, 3, 5, 6, 7, 9, 12, 13, 14, 16 through 25, 28, 29, and 30 (including additional numbers), or which are significant in this Court.

On September 10, 2007, the Plaintiff lent KRW 100 million to Badd Co., Ltd. (hereinafter “Baddd”) at the interest rate of 30% per annum and the due date of payment on June 30, 2009.

B. Pursuant to the process of purchasing new apartment units on the 591 piece of land and the ground of the 591 piece of land in Sejong-si, Chungcheongnam-dong, Sejong-si, the registration of ownership transfer was completed on May 24, 2010 with respect to the 619 large 516 square meters (hereinafter “instant land”). On the same day, Daelim Industrial Co., Ltd. (hereinafter “Tlim Industrial”), which was scheduled to be a construction project for new apartment units on the same day, concluded a pre-sale agreement on the instant land (hereinafter “the instant pre-sale agreement”), and completed the registration of the right to claim ownership transfer on the ground of the said pre-sale agreement with the Daelim Industrial Co., Ltd. (hereinafter “Slim Industrial”).

C. On December 27, 2013, the Defendant acquired a provisional registration of the right to claim the transfer of ownership on the forest industry, and completed the registration of ownership transfer on the ground of trust to the Korea Land Trust Corporation after completing the principal registration of the right to claim the transfer of ownership on the instant land on the same day.

On March 6, 2014, the defendant applied for approval of the announcement of invitation of residents in accordance with the Housing Act for the apartment building to be newly constructed with the land of this case as the business site, and on March 6, 2014, the registration of prohibited matters was completed.

E. Meanwhile, around May 24, 2010, upon which the instant promise to sell and purchase the instant real estate was concluded, it owned a lot of 137 real estate in Yellow-dong 591, Yellow-dong, Hong-si, 591, which was acquired to use as a site for the new apartment construction project with active property. At the time, each of the said real estate was purchased and reserved to sell in the future for the large forest industry, as in the instant land.

arrow