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(영문) 의정부지방법원 2015.11.13 2014가합9479
사해행위취소 등
Text

1. As to Defendant B’s KRW 440,00,000 and KRW 220,000 among them, Defendant B shall be from June 10, 2014, and KRW 220,00,000.

Reasons

1. Facts of recognition;

A. On July 29, 2011, Defendant C entrusted Defendant B with all rights related to D’s new construction contracts and the aforementioned construction works on his own land. In order to prevent Defendant C’s damage, Defendant C granted his power of representation only to Defendant B on the matters for which Defendant C’s prior consent was obtained.

B. At the time of Defendant B, C, and E, the representative director of the said company was Defendant C, but finally, the said representative director was replaced by Defendant B’s husband and wife.

(F) On August 2, 2011, the company’s trade name was changed to F Co., Ltd.; hereinafter “F”) entered into a real estate sales contract with the Plaintiff and G between the Plaintiff, G, F, and Defendant C, with the content that ① (i) the Plaintiff and G were the seller of the land of Gyeonggi-gun H (the land was registered in the name of F at the time of the transfer of ownership in the name of F), 61,102 square meters of land and 22 square meters of land, ② the entire hot spring hole on the land of I and Defendant B sold at KRW 2 billion, and guaranteed obligations under the Defendant C’s sales contract. The main content is as follows.

Defendant B and Defendant C, each of whom is the actual right holder of K Hot Spring Development, verify that they are the owners of 1/2 each, and conclude this contract with G, the buyer and the Plaintiff as follows:

1. Indication of real estate;

(a) 61,102 square meters of forest land in 22 lots, other than Gyeonggi-gu H land (total area of F and Defendant C equity);

(b) Matters requiring a special agreement on the whole of a hot spring hole on the ground of the land of Gyeonggi-gu I;

1. Of the total purchase price indicated in real estate, the amount of KRW 1.8 billion is divided into a juristic person and an individual, and the amount of KRW 2.8 billion is KRW 200,000,000,000 and KRW 200,000,000; and

(hereinafter omitted)

C. On September 10, 201, Defendant B and C, as between the Plaintiff and B on September 10, 201, the above real estate sales contract was concluded between Defendant B and B, and Defendant B, for the purchase price of three parcels, including the land (the above land is subject to the registration of ownership transfer in the name of Defendant C) of Gyeonggi-gun L, and the land newly constructed on that ground (the above land is subject to the registration of ownership transfer in the name of Defendant C).

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