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(영문) 의정부지방법원 2015.12.22 2014가단44307
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D and C, the representative director of D, Co., Ltd., Ltd. (hereinafter the debtor, et al.) awarded a contract for construction of 5 or more units of 40 units of loan (hereinafter the loan in this case) on the land E in Macheon-si General Construction Co., Ltd. (hereinafter the Grand Comprehensive Construction). Large Comprehensive Construction Co., Ltd. awarded a subcontract to F on February 17, 201 for the portion of the Electric Construction Co., Ltd.’s construction of the Electric Construction Co., Ltd., Ltd., and F re-subcontracted to the Plaintiff on February 20, 201.

B. On June 16, 2011, Nonparty debtors promised to the Plaintiff that “F is responsible for F’s liability for the payment of the price for the above electric lighting construction work against the Plaintiff, and that, as a payment in substitutes, the real estate indicated in attached Form “real estate indication” (hereinafter the instant real estate) will be sold to the Plaintiff.”

(hereinafter, this case’s parcelling-out agreement)

On the other hand, the debtor borrowed project expenses from G in relation to the new construction of the loan of this case, and around January 26, 2012, the debtor registered the provisional registration of the right to claim ownership transfer (hereinafter the provisional registration of this case) with respect to the whole 40 households of the loan of this case in the name of G around January 26, 2012.

After all, around October 22, 2013, the non-party debtors and H et al. discussed the following contents (hereinafter the consultation in this case).

- The amount of loans secured by each provisional registration of this case shall be fixed as KRW 681,00,000.

- In lieu of releasing each of the provisional registrations of this case by H, the non-party debtors transfer to H four households out of the loan of this case and pay KRW 200 million in cash.

- The loan shall be KRW 150,000,000 per household, and if I disposes of the above four households within two months and repays the above secured debt with the payment, H shall return the difference of KRW 119,00,000 [ KRW 150,000,000 x 200,000 - KRW 681,00,000] to the non-party debtor, and if I fails to do so, H shall dispose of the above four households at will.

E. On November 26, 2013, the non-party debtors received cancellation of the provisional registration of this case from H on November 26, 2013 following the instant agreement, G.

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