사해행위취소
The plaintiff's primary claim and the conjunctive claim are all dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The conclusion of a joint project implementation contract for reconstruction and the progress of the project accordingly 1) Seoul Dongdaemun-gu and E and F (hereinafter “instant land”).
2) The co-owners of a G-built house on the ground may remove the existing building in around 2005 and obtain a building permit under the name of the sectional owners, and the main complex building on the 3rd underground and the 13rd ground level above the 13th ground (hereinafter “instant main complex building”).
In order to newly build a new housing association (hereinafter referred to as the “instant association”)
2) On December 19, 2005, the instant association entered into a joint project implementation agreement with D to cover the construction cost, etc. paid by D by selling the remaining apartment units in lots (hereinafter “instant joint project implementation agreement”) after D being provided the instant land from D and newly constructed the instant main complex building on its ground. Among them, 16 households of the apartment complex supplied the instant land from D and supplied it to its members, and the remaining apartment units and non-business facilities (hereinafter “the instant general apartment units, etc.”).
The main contents of the instant joint project implementation agreement are as follows.
Article 1 (General Provisions) A of the Agreement on the Implementation of the Joint Project of this case (hereinafter the same shall apply) and Section (D) (hereinafter the same shall apply) shall, in principle, enter into this Agreement on the basis of mutual trust and good faith so that it can be carried out promptly and smoothly in accordance with relevant laws and regulations, such as the Building Act, and implement the Joint Project in accordance with the relevant laws and regulations.
Article 5 (Principle of Implementation of Joint Project) (1) In the implementation of the Joint Project, A shall secure the necessary site, handle civil petitions arising from business, such as relocation of the members, and B shall handle the affairs, etc. related to relocation support and project implementation, and A and B shall support and actively cooperate therewith. 2)