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(영문) 창원지방법원 2015.10.15 2015가단12805
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts below the underlying facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1 and 4, together with the purport of the entire pleadings.

A. The Plaintiff, around April 2003, agreed to conduct a business of building and selling commercial buildings on the land after purchasing 693.8 square meters (hereinafter “the instant land”) in the Seocho-gu Seoul Special Metropolitan City D, Changwon-si (hereinafter “the instant land”) between C and C in April 2003.

(hereinafter referred to as the “instant trade agreement,” and the partnership relationship between the Plaintiff and C is referred to as the “instant partnership.” (b)

이 사건 동업약정에서, C가 투자자 유치 및 분양 업무를 담당하고, 원고는 이 사건 토지의 매매대금 일부를 투자하고 건물 시공을 담당하기로 하였으며, 원고와 C의 손익분배비율은 4:6으로 정하였다.

C. On August 12, 2004, the Plaintiff and C completed the registration of ownership transfer for the instant land in C. The purchase price for the instant land shall be KRW 302,200,000, and KRW 159,60,000 paid by C, respectively, and appropriated KRW 450,000,000 that was loaned under C’s name.

The Plaintiff, a representative director, newly built a 6th floor on the instant land, and the Plaintiff and C completed the registration of initial ownership as to F Building, an aggregate building of the 6th floor size on March 18, 2004 (hereinafter “the instant aggregate building”), which is an aggregate building of the 6th floor size of the said newly built ground (hereinafter “the instant aggregate building”), and the instant aggregate building has been registered of initial ownership as to the instant aggregate building (which consists of the 101 through 106, 201 through 204, 301 through 304, 401 through 404, 501 through 504, 601 through 604, and 26 units).

E. On October 25, 2010, C did not reach an agreement on the settlement of the property of the Plaintiff and the instant association, C filed a lawsuit against the Plaintiff for the settlement of accounts with the Changwon District Court 2010Kahap10245, and on January 20, 201, the Changwon District Court rendered a judgment accepting C’s claim with no pleading on January 20, 201.

Accordingly, the plaintiff filed an appeal, and the plaintiff rather filed an appeal.

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