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(영문) 서울북부지방법원 2015.05.07 2014가합21384

사해행위취소

Text

1.(a)

On March 4, 2013, it was concluded on March 4, 2013 with regard to each real estate listed in the attached list 1 and 2 between Defendant A and C.

Reasons

1. Facts of recognition;

A. 1) Status of interested parties in the case is the association established to promote the housing reconstruction project in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. 2) The Plaintiffs are the companies that concluded a contract for the housing reconstruction project aimed at the construction related to the said project with the E Housing Reconstruction Project Association (hereinafter “instant contract”).

3) At the time of the instant contract, C and D were the former directors of the E-Housing Reconstruction Project Association at the time of the instant contract, and Defendant A’s wife and Defendant B’s joint and several liability 1). B. The Plaintiffs concluded the instant contract with the E-Housing Reconstruction Project Association on April 21, 2010, and the contents of the instant case are as follows.

Article 4 (Methods of Implementing Projects) Relocation Expenses for Union Members A (referring to E-Housing Reconstruction Project Association; hereinafter the same shall apply) and project expenses for Party A (referring to "Plaintiffs"; hereinafter the same shall apply) shall be lent to Party A and its members, and Party A and its members shall reimburse the principal and interest of the lending, such as relocation expenses borrowed from Party B pursuant to Articles 38 and 39 and the principal and interest of the project expenses.

Article 14 (Lending of Business Expenses) The business expenses under this Agreement shall be as follows, and Eul shall lend the terms and conditions of the lending separately determined to Gap and the business expenses pursuant to Section 2 of Article IV.

(Period of 83.8 billion won for moving expenses, interest-free loan, interest-free loan, interest-free loan, interest rate of 8.5% per annum under Article 17(Refund of Loan and Interest Liability) Section 14(1) of the Act shall be fixed and interest rate of 8.5% per annum; hereinafter the same shall apply). Article 33(Cancellation or Termination of Contract) shall, where it is found impracticable to continue to perform the construction due to the occurrence of any of the following causes, give written notice within the time limit of 14 days, and where the construction is not performed within that time limit, the construction shall be suspended and all or part of this contract shall be suspended: