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(영문) 창원지방법원 2015.06.11 2014가합6671
사해행위취소
Text

1.(a)

On January 201, 201, the debtor corporation A and the defendant C Co., Ltd. concerning the real estate listed in the attached list.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) (hereinafter referred to as “A”), such as entering into a credit transaction agreement between the Korea Savings Bank and A.

) From 2010 to 145 lots of the project site in F, Gyeongnam-gun, Gyeongnam-gun, and 145 lots of the membership golf course (including buildings for sports, lodging and management of golf courses and golf courses users; hereinafter referred to as “instant golf course”).

(2) On May 4, 2010, A entered into a credit transaction agreement with the Korea Savings Bank on May 4, 2010, with a view to raising funds necessary for the above business: (i) the credit amount of KRW 10 billion; (ii) the credit transaction agreement on May 4, 201; (iii) the credit amount of KRW 7.7 billion; (iv) the credit date of May 4, 201; and (v) the credit transaction agreement on May 4, 201, with 12% interest per annum; and (v) the credit amount of KRW 7.7 billion; and (v) the credit transaction agreement on May 4, 2010; (v) the expiration date of the credit; and (v) the interest rate of KRW 12% per annum.

3) Meanwhile, the Korea Deposit Insurance Corporation was declared bankrupt on September 7, 2012 and appointed the Korea Deposit Insurance Corporation as the trustee in bankruptcy of the Korea Deposit Insurance Corporation (hereinafter “Japan Savings Bank,” regardless of whether before or after the bankruptcy, is deemed to be the “Japan Savings Bank”.

B. B. The construction process of the instant golf course and the transfer of management rights by A) The instant golf course was interrupted on April 201 due to financial difficulties of A around April 201.

2) G, a substantial operator of A, is the H Co., Ltd. (hereinafter “H”) on May 4, 201.

A) The actual operator of E and A entered into a contract for acquisition by transfer of management rights of E and A. Accordingly, at the request of I, J, K, L, M and H as shareholders in the form of A, and N (hereinafter referred to as “N”) included in the transferee.

B) Between the above shareholders, on May 4, 201, the agreement was made between the said shareholders to transfer the entire shares and management rights of A in cash of KRW 2 billion in H and N and KRW 2.5 billion in bills (hereinafter “instant agreement for acquisition of management rights of this case”).

(1) For convenience, the individual share transfer agreement shall be as follows: I and H, I and E, I andO (Defendant C.).

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