beta
(영문) 광주고등법원(전주) 2020.09.10 2019나13525

배당이의

Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows. The reasons for the acceptance of the judgment of the court of first instance are as follows, and the reasons for the judgment of the court of first instance are as follows, except where the plaintiffs make a new decision on the allegations that are newly adopted in this court in 2.

(A) According to the evidence duly adopted and examined by the court of first instance, the fact-finding and judgment of the court of first instance are justifiable). Paragraph (c) and (2) of the first instance judgment are as follows.

“1) On January 30, 2015, J made a contract for construction works, such as construction works, among the new construction works of the Rog-gun, Chang-gun, Chang-gun, North Korea, with the cost of construction KRW 941,00,000. However, the said apartment construction was suspended around July 2015 due to the aggravation of the status of J’s financial position.

2) In addition, J on March 2, 2015, M Co., Ltd. (hereinafter “M”) is also a limited company M (hereinafter “M”).

) Of the new construction of the steel frame, the construction process of the steel frame, etc. among the new construction works of the Go Chang-gun, North Korea, which is jointly performed with K, awarded a contract for construction cost of KRW 740,00,000, and K completed all of them. The first instance court deleted the “Paragraph 3,” the “Paragraph 4,” which is the “Paragraph 3,” and the “Paragraph 4,” which is the “Paragraph 3.”

In addition, in the same six lines, the phrase “for the implementation of the agreement on the direct payment of the construction cost as stated in the preceding paragraph” is deleted, and the phrase “(5)” is as follows: “4) K has reduced the construction cost as stated in the preceding paragraph between M and M on July 20, 2016 to KRW 650,000,000 and agreed in relation to such payment as follows:

The name of bonds and obligations performance agreement following the new construction of theO: The creditor of the new construction project in the Go Chang-gun shall pay KRW 200 million for the preservation registration fee to M when M is requested.

The debtor M agrees to each other by transferring the ownership of the O's underground floor S, T, U,V, and W from the total of KRW 200 million, KRW 200 million, KRW 200,000,000 and KRW 650,000,000,000,000,000,000,000 for the pre-loaned construction cost and the supply price of steel services, which were ordered and executed by the J to K.

5) M on July 26, 2016, 5 O commercial buildings (Xdong through Ydong) .