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(영문) 서울남부지방법원 2019.01.17 2017가합113670
사해행위취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On June 2009, C leased the five and six floors of neighborhood living facilities buildings located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant real estate”) from D Co., Ltd. (hereinafter “D”) to KRW 110,000,000 as lease deposit, and operated a private teaching institute (attached Form; hereinafter “private teaching institute”) under the name of “F”.

B. On July 7, 2016, the Defendant entered into a contract for the transfer of real estate rights (hereinafter “instant transfer contract”) with C to the effect that the right to lease and the right to operate the instant real estate will be transferred in full to KRW 130,000,000,000, and paid KRW 130,000 to C on the same day.

C On August 1, 2016, the pertinent private teaching institute was reported for closure of business, and the Defendant completed the registration of the business of the instant private teaching institute under the name of the Defendant and the establishment and operation of the private teaching institute under Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”).

The main contents of the instant transfer agreement are as follows.

1. Real estate indicated in this case (specific contents omitted);

2. The defendant under Article 1 of the contents of the contract and the amount of the right shall be 20,000,000 won on the premise of a definite rental contract which can execute the rental contract after the rent and shall be paid to C in return for the premium (including facility costs).

Article 2 Section C is responsible for guaranteeing and leasing a fixed lease relationship to the defendant in return for the premium paid to the defendant.

C Upon the receipt of any balance, C shall deliver all facilities including business rights so that the defendant can operate his business at the same time.

Article 4 Section C shall delegate all rights related to all auxiliary facilities, such as signboards, to the assignee after the preparation of this Agreement.

C. On July 27, 2018, the Defendant entered into a contract with C on the acquisition of real estate rights to the instant private teaching institute with the following content.

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