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(영문) 광주지방법원 2017.10.26 2017가합51100
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Co., Ltd. (hereinafter referred to as “N&D city development”) may carry out a project agreement and an agency contract for Ctel.

) The Seo-gu, Seo-gu, Gwangju (hereinafter “instant project site”) is 1586m2.1m2

(2) Ctel to be constructed on the ground (hereinafter “instant officetel”)

(3) In relation to the newly-built sale business, Defendant International Asset Trust Co., Ltd. (formerly, International Trust Co., Ltd.; hereinafter “Defendant International Asset Trust”) around February 2014.

)The gold Market Development Co., Ltd. (hereinafter referred to as “gold Market Development”) and the contractor;

2) Defendant 1, Defendant 1, Defendant 1, and Defendant 1

) Business agreements and agency business agreements with, etc. (hereinafter referred to as “instant business agreements”).

(2) The main contents of the instant agreement are as follows: (a) the Defendant International Asset Trust manages the ownership of the instant project site and the instant officetel ownership to be constructed in the future after being entrusted with the ownership of the instant project site; (b) the development of a b&D city is conducted by consulting with the construction company and the Defendant International Asset Trust on its responsibility and charge; and (c) the Defendant International Asset Trust takes charge of storage of the sales contract, the establishment of the fund management account, the receipt and management of the sales price, etc.; and (d) the specific contents of the sales contract are as indicated in the attached Table.

B. On February 13, 2014, the instant officetel’s new construction and sale business 1) ZD Urban Development entered into a sales trust agreement with Defendant International Asset Trust on February 13, 2014, and completed the registration of ownership transfer based on trust with respect to the instant project site in the Defendant International Asset Trust on the same day. (2) After that, the Defendant International Asset Trust intends to sell the instant project site entrusted from GyeongWD Urban Development to Defendant Digital Belco, Ltd. (hereinafter “Defendant Digital Belcos”).

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