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(영문) 대전지방법원 2019.06.13 2017가합107364

사해행위취소

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1. The plaintiff's main claim is dismissed.

2. Defendant C Urban Development Cooperative is KRW 600,000,000 and this shall apply to the Plaintiff.

Reasons

1. Basic facts

A. Defendant C Urban Development Association (hereinafter “Defendant C Urban Development Association”) 1) Defendant C Urban Development Association

(2) The Defendant Association was designated by the head of Daejeon Metropolitan City on December 22, 2009 by the head of Daejeon Metropolitan City as a planned land substitution and was designated on December 22, 2009, and was designated as a general land substitution and 34,168.6 square meters in land allotted by the general land recompense for development recompense regarding the said urban development project, and was designated as 33,290.1 square meters in land allotted by the general land recompense for development recompense, 878.6 square meters in land allotted by the Defendant Association. Of land allotted by the Defendant Association, the general land recompense for development recompense 33,290.1 square meters in land allotted by the general land recompense for development recompense, 300.1 square meters in land allotted by the public, and 878.5 square meters in land allotted by the public and 65 square meters in land allotted by the public sector.

The Defendant Union sold 3 block 1 lots and 6 block 5 lots owned on October 2, 2014 to F Co., Ltd.

B. On July 25, 2014, the Plaintiff prepared a contract for the sale of land developed by the Defendant Cooperative with G’s agent H on the part of the president of the Defendant Cooperative. The content of the contract is as shown in the attached Table stating that the land site, quasi-residential land site, 2,033 square meters (8 B/L No. 8 block, 5 lot No. 1 of the land scheduled for replotting) within the area of the I City Development Project in Daejeon-gu, Daejeon-gu.

The “instant land,” regardless of whether it was before or after replotting.

30 million won was purchased at KRW 5.5 billion. On the same day, the Plaintiff deposited the down payment of KRW 300 million in the account under the name of J as designated by the Defendant Union, and deposited KRW 100 million in the account under the name of H chairman of the Promotion Council as the development fund for the Defendant Union. At the time, Daejeon Dong-gu K and L owner among the instant land at the time, Daejeon-gu K and L owner (hereinafter “M”).

(2) The Plaintiff purchased the instant land between P and 3 others on the date of purchase.