공탁금출급청구권 확인
1. Of the counterclaim against the Plaintiff (Counterclaim Defendant), the part on the claim for revocation of fraudulent act and restitution of the original state against the Defendant (Counterclaim Defendant).
1. Basic facts
A. 1) Defendant E is from the Yangsan City Mayor, and on December 20, 1995, the Yangsan City Development Project of approximately KRW 97,740 square meters of Lilwon in Yangsan City (hereinafter “instant Project”).
(2) On October 26, 2001, Defendant E selected a N company, O company, and Dong Construction Company as a contractor in the process of carrying out the instant project, respectively, after obtaining the designation of an implementer and obtaining the authorization of a project implementation plan on May 18, 1996, and submitting a report of commencement on July 20, 196, and promoting the instant project thereafter. (2) Defendant E again selected a N company, O company, and Dong Construction Company as a contractor. In the process of carrying out the instant project, the said company’s normal progress of construction is difficult due to such reasons as default, waiver of construction, etc.
B. A project operator’s change and case construction project’s progress 1) Defendant E, due to an difficult financial situation, etc., was unable to continue the project of this case even after the completion of approximately 5% of the entire process on July 15, 2002. On July 15, 2002, the case construction transferred all of the rights and obligations regarding the implementation of the project of this case to the K Construction. (ii) On July 29, 2002, the case construction was authorized to change the implementer of this case from the Yangsan market to the K construction and promoted the project. However, on September 1, 2006, the P et al., the owner of the project of this case, etc., filed a lawsuit against the Yangsan market for the cancellation of the authorization of the implementation plan and the authorization of the change of the disposition of P et al., which was finalized through the appellate court and the final appeal.
3) As the above administrative litigation was in progress, the project of this case was completely not in progress since it was interrupted from July 30, 2007, and the Yangsan City did not decide whether the project operator continues to continue to maintain as a case construction after cancelling the disposition to modify the implementation plan on March 3, 2009 according to the above final judgment. (C) The project operator of this case was increased to 1).