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(영문) 대전고등법원 2011.09.21 2010나7148

사해행위취소

Text

1. Of the judgment of the first instance court, the Defendant Company B was subject to the revocation of fraudulent act against the AV reconstruction housing association.

Reasons

1. Basic facts

A. (i) AV reconstruction housing association (hereinafter “AV reconstruction housing association”) is an association established to construct a main apartment complex on the ground of Daejeon Jung-gu Daejeon-gu AW large 305 square meters (hereinafter “instant land”).

B. On December 16, 2003, the Association of the Republic of Korea (hereinafter “AY”) and Logs Development Co., Ltd. (hereinafter “Rogs Development”) and the Association provided the instant land as the construction site. The Association constructed a main complex apartment on the ground level of AY and Logs Development with the size of the 12th floor above the ground level, and transferred the said land price to the members of the Association from the 4th to the 12th floor above the apartment unit on the ground level, and transferred the said land price to the payment in substitutes for the said land, and the remaining part of the commercial building from the 2nd to the 3rd above ground level to the 3rd above ground level with the profits therefrom.

Article 22(1) of the Act on the Protection, Maintenance, and Management, etc. of Multi-Party 1 of the Act on the Protection, Maintenance, and Management, etc. of Multi-Party 1 of the Act on the Protection, Maintenance, and Management, etc. of Multi-Party 1 of the Act on the Protection, Maintenance, and Management, etc. of Multi-Party 1 of the Act on the Protection, etc. of Non-Party 1 of the Act on the Protection, etc. of Non-Party 2 of the Daejeon Metropolitan City.

Accordingly, on April 8, 2006, AY’s representative director prepared a letter to the effect that he renounces the enforcement and construction of the building, and delivered it to the non-party partnership. The non-party partnership entered into an agreement with the effect that “after entrusting a third party with the construction of the building of this case, the non-party partnership shall transfer the ownership of the commercial building of this case to AY.”

In order to complete the reconstruction of the above main apartment complex, the non-party association's construction cost is 6 billion won in relation to the construction of the plaintiff corporation A, the corporation corporation Eul (hereinafter "the plaintiff corporation and the corporation") and the "BA Construction of New Apartment Complex" (hereinafter "the construction of the apartment complex") on October 31, 2006.