사해행위취소 등 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 10, 2015, the Plaintiff received a supply and demand for the extension of F neighborhood living facilities from E Co., Ltd. (hereinafter “E”), and completed the said construction on or around December 2015.
On October 23, 2017, the Plaintiff filed a lawsuit against E for the payment of the said construction cost. On June 27, 2018, the Seoul Eastern District Court rendered a judgment to the effect that “E shall pay to the Plaintiff the amount of KRW 638,00,000 and KRW 580,000 from April 30, 2016 to the date of full payment (No. 2010555), whichever is equivalent to KRW 580,00,00,000, respectively, of KRW 638,000 and KRW 580,00 from the date of full payment (No. 2017,1055), and the above judgment became final and conclusive on July 18, 2018.
B. E constructed a building listed in paragraph (1) of the attached Table (hereinafter “instant G Dong building”) and a building listed in paragraph (2) of the attached Table (hereinafter “instant H Dong building”), and donated the instant G Dong building and the instant H Dong to the Korea Rail Network Authority, and the Korea Rail Network Authority granted permission for free use of the instant H Dong building for the purpose of neighborhood living facilities from May 9, 2003 to April 26, 2018, and from December 1, 2006 to December 7, 2032.
C. On July 11, 2012, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a business cooperation agreement with E on the authorization for the alteration of urban planning for the existing facilities and the extension and reconstruction facility business (hereinafter “instant contract”). Article 4(4) of the instant contract provides that “The rent income of the existing building and the extension building shall be the profit of Defendant B during the period when E is permitted to use and benefit.”
Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a contract with Defendant B on October 16, 2016 for the acquisition of the right to lease and the right to manage (hereinafter “instant contract”).