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(영문) 울산지방법원 2015.06.17 2013가합6229
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff of the parties concerned is the representative director of the Dispute Resolution Co., Ltd., which operates the wholesale and retail business, and D is the representative director of the Dispute Resolution Co., Ltd.

On November 201, the Plaintiff requested F to raise funds for the public auction contract for apartment complexes sold by the Korea Housing Guarantee Co., Ltd., and G obtained through F was to first procure the said public auction contract amount on December 7, 2011.

Preparing G’s cash storage certificate, the Plaintiff remitted KRW 100 million to D on December 6, 2011, and around that time D paid KRW 200 million, including KRW 100,000,000,000, to G via F, and on December 7, 2011, G prepared a cash storage certificate to receive and keep the said KRW 200,000,000 from F.

The Plaintiff and F demanded that the original copy of the instant notarial deed be returned to G, and on September 21, 2012, B Co., Ltd. (hereinafter referred to as “B”) drafted to F an original copy of the notarial deed with the content that “if a notary public fails to perform his/her monetary obligation under this contract, he/she shall not raise any objection immediately even if he/she is subject to compulsory execution” (hereinafter referred to as “the authentic copy of the instant notarial deed”) with the content that “if a notary public fails to perform his/her monetary obligation under this contract, the maximum amount of the guaranteed obligation shall be KRW 230 million with the intent of joint and several liability for debtor G from the original rate of the law firm at the rate of its original, the period of the guaranteed obligation shall be three years.

At the time of the preparation of the original copy of the above notarial deed, B stated to the effect that, at the time of the preparation of the above notarial deed, 188 households of Ulsan-gu HH apartment I (hereinafter “I”), including the instant real estate, and that, at the same time, B was capable of completing the registration of transfer of ownership in the future, by presenting the sales contract on April 23, 2012 and the acquisition contract on April 20, 2012, which was concluded on April 20, 2012 in an amount equivalent to KRW 58.3 billion of the purchase price on land

B and the Defendant.

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