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(영문) 대구지방법원서부지원 2013.09.26 2011가합3177
사해행위취소
Text

1. It was concluded on May 27, 201 between Defendant B and C as to the 2 real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s credit (i.e., D Co., Ltd. (hereinafter “D”) in office as the representative director entered into a subcontract agreement with C Co., Ltd. (hereinafter “C”) on E Co., Ltd., and subcontracted several times from December 30, 206 to March 31, 2010, but did not receive construction cost of KRW 696,315,682.

The Plaintiff and D lent money to C from March 2007, and the Plaintiff was not paid KRW 997,985,00, and KRW 1,160,282,618.

(1) On May 11, 201, the Plaintiff and D filed a suit against the Daegu District Court Decision 201Gahap4593 against the Plaintiff, Inc., Ltd., the subsidiaries of C and C to receive the above loans and the subcontract price, and the said suit was concluded upon confirmation on September 24, 2011 by the decision to recommend settlement as of September 24, 201, that “C shall pay to the Plaintiff 2,854,583,300 won and damages for delay calculated at the rate of 20% per annum from September 7, 2011 to the date of full payment.

B. (1) On September 25, 2009, C purchased the real estate No. 1 (hereinafter “instant land”) listed in the separate sheet as of September 25, 2009 and completed the registration of ownership transfer as of March 30, 2010 with Defendant K non-Real Estate Trust Co., Ltd. (hereinafter “Defendant K non-Real Estate Trust”) as of March 30, 2010, and entered into a real estate security trust agreement with the Kandong Saemaul Trust Co., Ltd as the priority beneficiary; and C as the beneficiary of trust principal and trust proceeds; and completed the registration of ownership transfer due to the trust in Defendant K non-Real Estate Trust as of September 25, 2009; thereafter, the content of the said trust agreement was modified as described below.

On March 30, 2010, the first beneficiary of the trust principal and the first beneficiary premium of the beneficiary premium of the trust principal, and on March 30, 2010, the Seocho-dong Saemaul Community Fund of 1.55 billion won and the amount of KRW 1.566 billion and KRW 1.5 billion in the Seocho-dong Saemaul Community Fund of 1.5 billion.4. 14. 2010.

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