beta
(영문) 대전지방법원 2015.11.18 2015가합102488

사해행위취소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Attached Form

On June 26, 202 with respect to the first real estate listed in the list (hereinafter referred to as the "first real estate of this case"), on June 26, 2002, on the second real estate listed in the same list (hereinafter referred to as the "second real estate of this case"), the registration of transfer of ownership has been completed for the third real estate listed in the same list (hereinafter referred to as the "third real estate of this case") on June 3, 1969, on June 2, 201 and June 7, 201, respectively.

B and A entered into a sales contract with D Co., Ltd. (the representative E, hereinafter “D”) on June 7, 201 with a view to selling each of the instant lands in the purchase price of KRW 8.5 billion, and a down payment of KRW 240 million on the date of the contract, an intermediate payment of KRW 560 million on the day of the contract, and an intermediate payment of KRW 560 million on July 6, 201, and the remainder of KRW 7.7 billion on the said land (hereinafter “instant sales contract”).

B, A, and D entered into the instant sales contract on June 7, 201 and entered into a joint development agreement on each of the instant land (hereinafter “instant joint development agreement”) with regard to each of the instant land as follows:

Article 1 (General Provisions) A (B) and B (D) shall provide, under this Framework Agreement, the basic principles of development with respect to the development of the large exhibition F, G, and H (each of the instant lands) owned by A and the rights, obligations, and methods of implementation of the development activities between the parties thereto, and shall specify detailed conditions and details, if necessary, by separate contracts and special agreements.

Article 2 (Price for Providing Site)

1. Eul shall be paid the price determined as seven billion won for the site price to Gap in return for a joint project;

2. Eul shall determine the profit of 1.5 billion won to Gap in return for a joint project and shall pay the price.

Article 3 (Contractor Relation)

1. Eul is a land development-general agent of Gap, and is a good manager with respect to all the development of the project site and follow-up management affairs, and receives gains from development in good faith.