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(영문) 수원지방법원 2018.07.10 2016가합84067
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 24, 2013, the Plaintiff is the Defendant Company B (hereinafter “Defendant Company”).

from Pyeongtaek-si C and 4 lots above (hereinafter referred to as “D”).

(2) On April 29, 2014, the Plaintiff entered into a business agreement and an agency agreement (hereinafter “instant agreement”) with the Defendant Company, Korea Trust Korea Co., Ltd. (hereinafter “Korea Trust”), and Hean F&D Co., Ltd (hereinafter “F&D”), on October 31, 2015, with the payment of KRW 17,115,193,666, Oct. 31, 2015, through a three-dimensional amendment agreement.

The main purpose of this agreement is to collect the Plaintiff’s construction cost and the loans to the Defendant Company of Henb with respect to D Corporation, and according to the above agreement, Korea Trust receives sales revenue on behalf of the Defendant Company and manages sales revenue on behalf of the Defendant Company and disburse funds related to construction and sales in accordance with the order of funding execution.

3) Meanwhile, the Plaintiff and the Defendant Company concluded, at the Plaintiff’s option, a security trust agreement with respect to unsold items among the completed buildings, on September 25, 2015, with a 150% of the total amount of claims, including the Plaintiff’s construction cost, and damages for delay, as secured claims, on the part of the Defendant Company: (a) set up or set up the first priority mortgage with respect to Plaintiff 2; or (b) the Plaintiff as the first beneficiary and the second priority beneficiary; and (c) Korea trust as a trustee. (d) The Defendant obtained D’s approval from the head of Pyeongtaek-si on September 25, 2015.

B. The Defendant Company’s payment in kind 1) On October 25, 2015, the building indicated in the separate sheet, which is the first floor store D’s 1st floor (hereinafter “instant store”).

(2) On April 17, 2015, the Defendant Company borrowed KRW 350,00,000 from Defendant A on November 16, 2015, and the Defendant Company borrowed the above borrowed amount at the due date.

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