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(영문) 창원지방법원 2019.06.13 2018나51208
사해행위취소 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On June 23, 2010, Defendant E completed the registration of ownership transfer with respect to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”), Defendant E followed the construction of the five-story neighborhood living facilities and officetels buildings (hereinafter “instant building”).

B. F Co., Ltd. (hereinafter “F”) had been contracted with Defendant E for the construction of the said building (hereinafter “instant new building”). On December 16, 2015, the right to claim the registration of establishment of mortgage against Defendant E as the preserved right was decided by Changwon District Court 2015Kahap282. On December 21, 2015, the registration of ownership transfer in Defendant E’s name was completed upon entrustment of the registration of provisional injunction regarding each of the real estate listed in [Attachment 2-12] listed in [Attachment 2-12] as of December 21, 2015.

C. On April 8, 2016, Defendant E completed the registration of ownership transfer based on the same day trading with Defendant B Co., Ltd. (hereinafter “Defendant B”), and Defendant B completed the registration of ownership transfer based on the same day trust with Defendant D Co., Ltd (hereinafter “Defendant D”) on April 21, 2016.

(The same as each registration of ownership in the purport of each claim). 【No dispute exists, Gap evidence No. 1, Eul evidence No. 2-1 through 11, Eul evidence No. 2, and the purport of the whole pleadings.

2. Judgment on the Plaintiff’s claim against Defendant E

A. The Plaintiff alleged by the parties, around April 2015, entered into a contract with G, on which the Plaintiff was represented by Defendant E to enter into and implement the construction work with the cost of KRW 220,00,000,00 for the creative construction of the instant new construction project. Around September 2015, the Plaintiff discontinued the creative construction work due to Defendant E’s circumstances, and the construction cost of the new construction is KRW 49,491,200, and thus, Defendant E should pay the said construction cost and the damages for delay to the Plaintiff.

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