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(영문) 울산지방법원 2018.12.20 2018가합22950
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B is a company aimed at real estate sales, housing construction, construction business, etc., and the Plaintiff and C, the representative of which are inside directors and directors of the said company, own one half each of them.

The defendant is a company aimed at the management, sale, etc. of real estate incidental to the trust and trust business of real estate.

B. B purchased the pertinent land D (hereinafter “instant land”) on May 18, 2015, and completed the registration of ownership transfer on the said land on July 6, 2015, and subsequently, completed a new construction work on the said land with the size of the first and second floors underground (hereinafter “instant apartment”).

C. Meanwhile, the Plaintiff purchased the instant land and transferred KRW 920 million in total to the account of a person designated by B and C or C over 22 occasions from June 2015 to December 2016, which was the period of constructing an apartment on the said ground.

B obtained approval for use on May 10, 2017 after completing the new construction of the instant apartment.

In addition, B entered into a real estate security trust agreement with the defendant on May 15, 2017 with respect to the 17 households, including each real estate listed in the separate sheet among the above apartment units, with the creditor military Saemaul Community Depository of B as the priority beneficiary. On May 17, 2017, after completing the registration of ownership preservation on the apartment units of this case, B completed the registration of ownership transfer on each real estate listed in the separate sheet among the above apartment units.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Eul evidence 7, Eul evidence 1, Eul evidence 2-1, 2, and 7, and the purport of the whole pleadings

2. On May 2017, the Plaintiff, the representative of B, made an investment in the business that B newly built and sold an apartment, the Plaintiff would return the investment principal along with the completion of the apartment and pay 50% of the proceeds from the sale of the apartment. The Plaintiff entered into an investment contract with B as above.

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