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(영문) 춘천지방법원 2016.05.18 2013가합2795

사해행위취소

Text

1. The defendant shall be jointly and severally and severally liable to the plaintiff for 732,149,060 won and the plaintiff.

Reasons

1. Basic facts

A. On January 201, A Co., Ltd. (hereinafter referred to as “A”) drafted a sign of “construction contract” (hereinafter referred to as the “instant construction contract”) with the owner of the building as to “A, Si event, development of professional source, construction of the Si, and construction work amounting to KRW 6.5 billion, with respect to the 11,347mm2 in Gangwon-gun, Gowon-gun, Gowon-gun, G, 1,170m2 above ground D works (hereinafter referred to as “instant construction work,” and the newly constructed condominiums as “instant facilities”), which are located at KRW 11,347m2 in Seowon-gun, Gowon-gun, Seosung-gun, Seosung-gun, Seosung-gun, and the construction work amount.

B. Meanwhile, a contract for acquisition of shares and management rights by E, F, and G to take over shares and management rights for KRW 6 billion from E, F, and G, a shareholder of A around January 201, with the development of the professional committee, is the same year as the final payment period for the acquisition price.

3. 30. 30.

C. Thereafter, on January 24, 201, A, the development of professional committee and the development of the shot (U.S.) are concluded with an agreement on the title “matters of the special agreement on the construction contract” (hereinafter “the instant special agreement”). The main contents are as follows.

Article 2. The shareholders of the owner, the executor, the contractor, and the contractor shall pay the price to the shareholders of the owner in accordance with the contract for transfer of management rights by the deadline specified in the contract for transfer of management rights. If the contractor pays the price by the deadline specified in the contract for transfer of management rights by the deadline specified in the contract for transfer of stocks and management rights, this special agreement becomes invalid.

Article 3 Executor shall conclude a contract with the contractor for construction works to conclude the remainder of the instant construction works, and shall complete the instant facility by March 31, 201, jointly with the contractor.

Where a construction executor completes the instant facility by March 31, 201, the owner of the instant facility shall pay the total construction cost to the contractor.