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(영문) 울산지방법원 2015.07.02 2014나6138
사해행위취소
Text

1. Of the judgment of the court of first instance, the part of the plaintiff's claim against the defendant B and D shall be revoked.

2.(a)

Attached Form B and E between Defendant B and E.

Reasons

1. Basic facts

A. The Plaintiff and E’s business relationship 1) The Plaintiff’s business relationship with E and F, and the Plaintiff’s early May 2005, 1,884 square meters (hereinafter “land subject to investment”) prior to Ulsan-gu, Ulsan-gu G (hereinafter “Ulsan-gu”).

The agreement was made to jointly purchase and distribute the proceeds from resale at an equal rate after the sale (hereinafter referred to as the “instant business agreement”).

(2) On May 20, 2005, the Plaintiff, E, and F entered into an agreement with H to recognize 744 square meters out of 1884 square meters of land subject to investment as H’s equity if the Plaintiff, E, and F bear KRW 360 million of intermediate payment of KRW 910 million of the purchase price of land subject to investment. Accordingly, H paid KRW 360 million to the Plaintiff, E, and F.

3) The Plaintiff purchased the land subject to investment with H’s investment deposit, and completed the registration of ownership transfer on May 31, 2005 under the Plaintiff’s name with respect to the said land. (4) Of the land subject to investment, the land became P land by dividing on August 8, 2008, and the said land was expropriated in Ulsan Metropolitan City Dong-gu, Ulsan Metropolitan City on October 7, 2008, and the Plaintiff was paid KRW 150 million as compensation for the said land. The Plaintiff and E sold the remaining land after the said subdivision with I and J sold KRW 1150 million to the Plaintiff.

B. H’s lawsuit of return of unjust enrichment against the Plaintiff 1) The Plaintiff and E did not resell the land subject to investment but distribute the selling price to H, and H filed a lawsuit against the Plaintiff on March 16, 201 as the Ulsan District Court 201Kahap1664, Ulsan District Court 201. (2) On January 19, 2012, the court of the first instance rendered a judgment that the Plaintiff would pay the Plaintiff the amount of KRW 467,305,673, out of the amount of claim 477,178,285, and damages for delay.

3. On February 15, 2012, the Plaintiff filed an appeal with the Busan High Court as Busan High Court No. 2012Na1696, and the said appellate court on July 16, 2012 stated that “The Plaintiff shall pay H KRW 440 million to H by August 31, 2012, and if the payment date is due, the unpaid amount shall be paid in addition to 20% delay damages per annum.”

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