사해행위취소등
1. All of the plaintiff's claims are dismissed.
2. The costs of the lawsuit, including those resulting from the participation, shall be all included.
Facts of recognition
On September 30, 2004, the Plaintiff and the Defendant’s assistant intervenor agreed to jointly operate the business of constructing and selling the main complex building in E Commercial Area (hereinafter “instant business investment contract”) (hereinafter “instant business investment contract”) and the Defendant’s assistant intervenor purchased from the Korea Land Corporation for the purchase price of KRW 8,584,560,000 for KRW 858,45,000 for the purchase price and paid the down payment of KRW 858,456,00 for the same day.
On October 13, 2004, the Plaintiff and Defendant Intervenor drafted a partnership (hereinafter “instant partnership”) based on the instant partnership business investment contract and constituted an association (hereinafter “instant partnership”).
Although the plaintiff and the defendant assistant intervenor agreed to sell the land of this case No. 1 to another person on November 2005, the defendant assistant intervenor promoted the project of this case without the plaintiff's consent, notwithstanding the terms of the business investment agreement of this case and the agreement of the above Paragraph 1, despite the agreement of the contents of the business investment agreement of this case. G and H on September 30, 2004, 1,446 square meters adjacent to the land of this case from the Korea Land Corporation (hereinafter "the land of this case No. 2").
The Defendant’s assistant intervenor purchased the Defendant’s new shares on February 9, 2006 (hereinafter “new shares”)
B) On the instant land and the instant land No. 1, and on the ground of the instant land No. 2, the construction contract was concluded between the Defendant’s Intervenor, the Intervenor, and the New Construction Company (hereinafter “J”) to construct a new main complex building on the instant land and the instant land No. 2. The Defendant’s Intervenor was established on March 9, 2006 between the said G and H (hereinafter “J”).
The J concluded a contract with the said G and H to acquire all the shares of the said G and H. On May 15, 2006, the J concluded a contract with the said G and H to succeed to all the rights and obligations of the instant land No. 2 that they hold with respect to the Korea Land Corporation (investment in kind).