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(영문) 서울중앙지방법원 2018.01.22 2017가단5057628
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. C was proceeding with E and F with the new urban residential housing construction project (hereinafter “new construction project of this case”) on the ground of D in Yangyang-si owned by himself.

B. On March 2015, Plaintiff A entered into a contract with E and F for the installation work of the instant new construction work at KRW 150,000,000, among the instant new construction works.

On August 26, 2015, E and C entered into a sales contract with respect to KRW 100,000,000 and KRW 100,000, among the loans newly constructed by the instant new construction work to secure the Plaintiff’s claim for construction cost. On the same day, E prepared a cash storage certificate of KRW 100,000,000 and issued it to Plaintiff A.

On August 27, 2015, the above contract was written additionally, and C’s seal imprint was affixed to the name of C as stated in the joint seller column.

C. On January 2015, Plaintiff B entered into a contract with F for the electrical construction of the instant newly constructed construction amounting to KRW 75,000,000, and completed the said construction.

Plaintiff

B was unable to receive the remainder of KRW 50,000,000, E and C had prepared a cash custody certificate of KRW 50,000,000 to the above Plaintiff on August 26, 2015. In order to secure the said claim, E entered into a sales contract as the buyer and Plaintiff B.

The Plaintiffs received C’ certificate of personal seal impression on December 28, 2015.

E. After the completion of the instant new construction project, multi-family housing of the 2nd underground floor and the 5th above ground in Yangyang-si, Nam-si (hereinafter “instant multi-family housing”) was completed. On November 12, 2015, the registration of preservation of ownership in the name C regarding the said multi-family housing was completed upon entrustment of the registration of provisional disposition on November 12, 2015. Until March 9, 2016, the registration of creation of a mortgage (hereinafter “registration of creation of a neighboring multi-family housing”) was completed in the aggregate of the maximum debt amount of KRW 1,484,00,000.

F. C is an apartment building of this case on March 17, 2016.

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