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(영문) 대전지방법원공주지원 2019.03.20 2018가합20077
사해행위취소 등 청구
Text

1. Defendant B and C shall jointly and severally serve as KRW 946,370,000 on the Plaintiff and as a result, from January 31, 2017 to March 21, 2018.

Reasons

1. Basic facts

A. Defendant B is a company established around February 17, 2016 for the purpose of sanitary entertainment business, leasing and operating places of business, etc., and Defendant C is the representative director of Defendant B.

B. Defendant C, a representative director, (hereinafter referred to as “I”), concluded a contract with the Plaintiff to undertake construction of a new multi-cultural complex building on the ground (hereinafter “instant land”) of the J, K, L, M, and N land (hereinafter “instant land”). On June 15, 2015, the Plaintiff entered into a contract with the Plaintiff, setting the construction cost of KRW 1,600,000,000 between the Plaintiff and the construction cost of KRW 1,60,000,000, and the construction period of KRW 30 on March 1, 2015 to August 30, 2015 (hereinafter “instant contract”).

C. After that, on July 11, 2016, the owner of the instant building changed from I to Defendant B. Defendant B entered into an agreement on debt reimbursement (a quasi-loan) with the Plaintiff on July 11, 2016 that “Defendant B shall pay the Plaintiff the amount of KRW 1,708,520,00 (the amount of debt payment: the amount of debt payment on behalf of the Plaintiff: the amount of the payment on behalf of the Plaintiff) incurred by the Plaintiff as of July 11, 2016. If the said amount is not paid by the due date, the owner shall transfer it to the Plaintiff by September 10, 2016. If the said amount is not paid by the due date, the owner of the instant building shall transfer it to the Plaintiff (limited to the building) on the ground outside Jin-gun, the former non-Gun, and agreed to exercise the Plaintiff’s right of retention on the said building.” On the same day, the document (a notary public of Daejeon District Public Office, No. 3437, hereinafter “notarial deed”).

Defendant B completed registration of initial ownership of the instant building on October 5, 2016.

E. The plaintiff did not perform his obligation under the notarial deed of this case.

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