beta
(영문) 수원지방법원 2018.02.01 2017가합23434

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. In relation to the housing site development project implemented by the Gyeonggi-do Si Corporation, the plaintiffs are members of the non-party HA association organized around July 2009 in order for 23 persons who received the right to sell the housing site or commercial site from the Gyeonggi-do Si Corporation to newly build and sell the commercial site on the site that they purchased (hereinafter "the project of this case"), and the above HA association entered into a sales contract with the Gyeonggi-do Si Corporation for the land of this case (hereinafter "sale contract of this case") with the sale of 1,363 square meters of commercial site within the housing site development project area from the Gyeonggi-do Si Corporation (hereinafter "the site of this case"). < Amended by Presidential Decree No. 21790, Oct. 15, 2009; Presidential Decree No. 20678, Jul. 15, 2009>

B. Since then, the members of H association agreed to delegate the instant project to Nonparty I, J, and K (hereinafter “I”) who are the members of the same association, and accordingly, the status of purchaser under the instant land sales contract of H association was transferred to I, etc.

C. However, in relation to the payment of the balance under the instant contract for the purchase and sale of land, I et al. established G Co., Ltd. (hereinafter “G”) for the implementation of the instant project on or around May 2015. Accordingly, I et al. entered into a sales contract with G to sell and purchase the instant land (hereinafter “instant sales contract”), and I et al. transferred the status of purchaser under the instant contract for the purchase and sale of the instant land possessed by G et al.

According to the implementation of the instant project, the building on a total of nine stories and sixty-one rooms on the instant land (hereinafter “instant building”) was newly constructed on the instant land. G was loaned KRW 5,923,00,000 from Seoju Community Credit Cooperatives on June 10, 2015 for the remainder payment of the instant land from Seoju Community Credit Cooperatives.