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(영문) 서울고등법원 2015.10.22 2014나2049027

사해행위취소

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The progress of the instant project 1) E.S. Construction Co., Ltd. (hereinafter “S. Construction”).

hereinafter referred to as “Esa Construction”

(i) 23 persons, including themselves, including C, and 22 others, except the remainder of the 23 persons above, from among those who are officers and employees of E.I.D., have a special relationship with E.I.D. construction, and have lent their names to E.I.D.

(D) 84,181m2 (hereinafter “instant project site”) on the land of 33 lots in the D-Japan-si D (hereinafter “instant project site”).

42 apartment buildings in the instant area after purchase (hereinafter “instant apartment buildings”)

2) The development project under which the project is constructed (hereinafter referred to as “instant project”).

(2) Around February 1, 200 in order to implement a project for each unit, other than a single complex, a trust registration was completed with respect to the instant apartment in the name of 23 persons, including C, etc., in the name of 23 persons, including C, etc., in order to implement the project for each unit of Dong, with respect to the instant land, and the permission to convert the form and quality of a forest for the instant land and the permission to change the form and quality of a forest for the instant apartment around August 15, 200.

3) B Co., Ltd. (EE Co., Ltd.) changed its trade name on September 1, 2010.

hereinafter referred to as “B”

(2) The Plaintiff intended to continue the instant project by taking over the instant project from E.S. construction, but the succession procedures were complicated; the Plaintiff’s name remains in the name of 23 persons, such as C, etc.; on March 11, 2002, between E.S. and E. Construction, the contractor is a contractor for the construction of E.S.; and the contract related to construction of the instant apartment that E. B is the contractor (hereinafter “instant contract”).

The contract of this case was concluded, and in the total sale price, the amount of the land price, the interest on the land substitute loan, and the tax and public charges on the owner shall be deducted.