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(영문) 제주지방법원 2015.05.28 2014가합6295
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C completed the registration of ownership transfer on September 4, 2007 with respect to D large 2,902 square meters (hereinafter “instant real estate”) from Jeju-si, Jeju-si, and completed the registration of ownership transfer on November 24, 2009, E and F completed the registration of ownership transfer with respect to 1/2 shares of each of the instant real estate.

B. On April 13, 2011, the Plaintiff sought a loan of KRW 289,110,500 to Jeju District Court 201Gahap951, and filed a lawsuit seeking the cancellation of the above sales contract and the cancellation of ownership transfer registration with respect to E and F, by asserting that the sales contract, etc. entered into with C was fraudulent act.

On the same day, the Plaintiff filed an application for provisional disposition prohibiting the disposal of the instant real estate as Jeju District Court 201Kahap128, and on April 20, 201, the provisional disposition prohibiting the disposal of the instant real estate was completed on April 20, 201 (hereinafter “the provisional disposition registration”).

C. Around that time, the Plaintiff was registered as the shareholder of the Defendant (hereinafter referred to as the “Defendant”) whose representative director was E.

E and the Plaintiff, on February 27, 2012, in transferring shares to H and changing its representative to H on February 27, 2012, prepared a letter of debt payment for the joint and several payment of the debt under the name of the corporation prior to February 27, 2012 (hereinafter “instant letter,” see subparagraph 2).

On February 28, 2012, the following day, the Plaintiff implemented the procedure for the withdrawal of the application for provisional disposition and the cancellation of its execution, thereby allowing the cancellation of the registration of the instant provisional disposition. On February 27, 2012, the Plaintiff completed the registration of ownership transfer on the instant real estate due to sale under the name of the Defendant.

E. On March 9, 2012, the Plaintiff withdrawn the suit against C, E, and F, such as the revocation of the said fraudulent act.

F. Meanwhile, on March 27, 2013, H filed a lawsuit against E and the Plaintiff seeking payment of KRW 39,250,000 prior to the transfer date of the said legal entity, as Busan District Court Decision 2013Da25305, Mar. 27, 2013. In the said lawsuit, E and the Plaintiff were the same.

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