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(영문) 서울서부지방법원 2015.10.15 2014가합34713

사해행위취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(a) 1) D, E, F, and net H (Death on May 24, 2013, hereinafter the foregoing four (hereinafter referred to as “owners”).

Around May 2010, the owner of the foregoing building owned or owned ① 380 square meters (D 5/10 shares, E4/10 shares, F1/10 shares), ② J 136 square meters (F ownership), ③ K 96 square meters (MH ownership, March 25, 2014).

The sum of the above ①, ②, ③ the instant land shall be deemed to be the sum of the land.

2) Around that time, D, E, and net H agreed to newly construct a multi-household housing on the ground, which delegated F the right to select a contractor with respect to the new construction of the instant land-based building, and the right to represent all acts related to the construction including progress payment as the owner representative.

B. On May 21, 2010, the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) concluded a construction contract with the owner of the instant land for the construction of a multi-household house on the ground of the instant land (hereinafter “instant construction”) with the construction cost of KRW 1,392,125,00, and the construction period of KRW 1,392,125,00, and between May 27, 2010 and December 30, 2010, which the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) concluded with the owner of the instant land to receive a contract for the construction work.

(hereinafter referred to as “instant contract”). C.

When the instant construction project was delayed on October 21, 2010, the owner entered into a construction contract with L Co., Ltd. with the construction cost of KRW 1,170,280,000, and the construction period of KRW 25,010 from October 25, 201 to March 31, 201.

However, the building owners agreed to cancel the above contract for construction work on October 21, 2010 with L Co., Ltd. In response, the Plaintiff Company and the building owners paid KRW 22,00,000 to L Co., Ltd., and thereafter, the Plaintiff Company again executed the instant construction work.

On the other hand, on May 31, 201, the Plaintiff Company was the Plaintiff B (Trade Name M) and the Plaintiff Company was not more than the interior works of the instant construction.