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(영문) 서울고등법원 2017.11.22 2016나2082998
사해행위취소
Text

1. The first instance judgment, including the claim that the plaintiff changed in this court, is modified as follows.

1...

Reasons

1. Facts of recognition;

(a) The G District Housing Association 1) The G District Housing Association shall use the funds of the G District Housing Association and the real estate collateral trust 1) The Seongdong-gu Seoul Metropolitan Government H and 203 lots (hereinafter referred to as the “instant project site”).

) A regional housing association established to implement the project of constructing and selling a new apartment on the ground, etc., and a joint development corporation for South and North Asia (hereinafter referred to as “the comprehensive development of South and North Asia”).

(2) The two industries Co., Ltd. (hereinafter referred to as “dusan Heavy Industries”) are co-implementers of the above projects.

(2) On June 5, 2009, G regional housing associations concluded a loan and business agreement (hereinafter referred to as “instant loan agreement”) with new Hanman Capital Co., Ltd. (hereinafter referred to as “new Hanman Capital”), I Co., Ltd., J Co., Ltd., K Co., Ltd. (hereinafter referred to as “L substitute”) and two industries, etc.

According to the instant loan agreement, the G Regional Housing Association obtained a loan of KRW 360 billion from New Capital (hereinafter “instant loan”), and the New Capital has transferred the instant loan claim to the L Substitute. The two Industries decided to concurrently take over the instant loan obligations of the G Regional Housing Association in the event of the nonperformance of the G Regional Housing Association.

3) In addition, G District Housing Association (hereinafter “K non-real estate trust”) under the instant loan agreement on June 9, 2009, is a case real estate trust company (hereinafter “K non-real estate trust”).

) Trusting the instant project site to the Plaintiff, designating the Lanst Group as the first priority beneficiary and the second priority beneficiary for the instant loan security (hereinafter the instant trust agreement is referred to as the “instant security trust agreement”).

B. B. However, the G Regional Housing Association did not repay the instant loan by June 7, 2010, which is the maturity date of the loan, and the two industries are the underwriters of the instant loan obligations on June 8, 2010.

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