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(영문) 수원지방법원평택지원 2015.07.10 2014가합361
사해행위취소 등
Text

1. As to the Plaintiff’s KRW 20 million and KRW 150 million among them, Defendant B’s KRW 50 million from May 31, 2012 to KRW 50 million.

Reasons

1. Facts of recognition;

A. The parties’ relationship between the Plaintiff and the Defendant B are friendship; D is the Plaintiff’s wife; E is the internal director of F Co., Ltd. (hereinafter “F”); and Defendant C is the father of E.

(b) Large-top project agreement Gap: G, H B, and Article 1 of the F Bank of Korea Development: The location of the construction project for the development of electric source housing site: A is a large-top project where the project is conducted by Article 2 of approximately 7,986§³ of the project site and approximately 320 square meters of the project site to Eul and completed civil engineering works with the entire project site (including approximately 2,745 square meters of the project site) to Gap;

1.B shall grant A a loan of KRW 100 million prior to the commencement of the work.

Article 3

1. Eul shall pay Gap a million won after entering into a contract with the private thousand won already paid to Gap.

4.A grants 320 square meters to a person nominated by B (A).

5.A transfer approval shall be granted to A, 320 square meters, whichever is 250 square meters, whichever is applicable.

7.A shall pay in cash the daily amount of money borrowed to B after completion of the work.

Article 6

2. The period of construction shall be completed within 150 days from the date of commencement.

1) Defendant B (hereinafter “H, etc.”) around April 27, 201, around G and H (hereinafter “H, etc.”)

B) A total of 7,986 square meters of land, etc. in Pyeongtaek-si (hereinafter “instant project site”) between the Plaintiff and the Plaintiff.

2) On the part of the Plaintiff, the Plaintiff entered into a substitute land project agreement (hereinafter referred to as the “instant substitute land project agreement”) with the following content:

(2) On October 17, 201, H et al. and Defendant B completed the registration of ownership transfer in the name of the Plaintiff’s wife D with respect to the 320 square meters of Pyeongtaek-si I and 825 square meters of the 320 square meters agreed to transfer the instant land to the Plaintiff from the instant large-scale project agreement.

3) The Plaintiff, like paragraph 2, newly built the second floor detached house on the ground of the transferred land (hereinafter “instant building”), and the structural frame of the instant building was built by Defendant B.

C. The Plaintiff, as well as Defendant B, has repeatedly lent money to Defendant B and repeated repayment.

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