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(영문) 의정부지방법원고양지원 2017.12.06 2016가단79645

사해행위취소

Text

1. To cancel a sales contract concluded on March 17, 2015, in connection with the real estate listed in the attached Table between the defendant and the foreign exchangeB.

2.

Reasons

1. A housing reconstruction and rearrangement project partnership (hereinafter “non-party partnership”) was authorized to establish a housing association from the high-sea market around June 30, 2003, which completed the registration of incorporation on July 29, 2003, and B was the head of the above partnership.

As of June 30, 2009, the Plaintiff entered into a contract for construction works for reconstruction of apartment units with the non-party association 568 units in Yongsan-gu, Yongsan-gu, U.S. and the non-party association for construction works. On May 31, 2011, the Plaintiff finally entered into a contract for construction works by changing the total floor area and floor area ratio, etc., and B, etc. jointly and severally guaranteed the obligations of the non-party association

In accordance with the construction contract, the Plaintiff completed the construction of the said apartment around August 2013, and the share of the members of the said apartment unit unit 393 households began to move in from August 2013, and the general unit unit 178 households move in to from December 2014, and around that time, the occupancy of the said apartment unit was completed.

On February 27, 2014, the non-party union claimed that the Plaintiff pay KRW 2,05,511,836 in aggregate for various business expenses under the construction contract. On February 28, 2014, the Plaintiff paid KRW 2,205,511,836 in aggregate for the loans for the above 2,05,51,836 and other moving expenses to the non-party union.

The Plaintiff filed a lawsuit on August 12, 2015 of this Court 2015Gahap74145 (principal claim) with the Plaintiff seeking a loan, partner’s contribution, and refunded value-added tax against Nonparty Cooperatives, the Defendant, etc. In the case of Seoul High Court 2016Na2066279 (principal claim), Seoul High Court 2016Na2066286 (Counterclaim) (Counterclaim), the appellate court rendered a judgment with the following contents as of April 19, 2017, and the Supreme Court became final and conclusive on October 12, 2017.

(hereinafter “Related Judgment.” As to KRW 1,682,096,303 and KRW 1,263,002,731 among the above unions, B, and E, the Plaintiff is jointly and severally liable for 6% per annum from September 2, 2015 to April 19, 2017, and KRW 15% per annum from the following day to the date of full payment.