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(영문) 울산지방법원 2014.09.04 2013가합4612

사해행위취소

Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

(a) B Land Partition Association (hereinafter referred to as “B Association”) shall implement the instant project and dispose of land allotted by the Land Partition Association;

(C) On March 10, 1993, the Seoul Special Metropolitan City Readjustment Project for D members of the Nowon-gu, Ulsan Special Metropolitan City on March 10, 1993 (hereinafter “instant project”).

around June 26, 2004, an association established for the purpose of this Act, and Non-party Heavy Construction Co., Ltd. (U.S. Co., Ltd. prior to the change; hereinafter referred to as “China Comprehensive Construction”).

As to the instant project, a contract for construction work was concluded between KRW 15,290,000,00 for the instant project and the construction period from July 3, 2006 to December 31, 2008. (2) B entered into an entrustment contract for the instant project with Samsan General Construction Co., Ltd. (hereinafter “Tsan General Construction”) on July 23, 2004, as well as a contract for construction work within one year from the date of the construction period contract.

3) From July 2004 to December 15, 2005, Samsan General Construction paid KRW 2,500,000,000 in aggregate as relocation expenses, partnership operation expenses, civil engineering design service expenses, etc. under the above entrustment contract. However, the partnership failed to properly perform its obligations under the above entrustment contract and construction contract, such as the commencement of construction by July 23, 2005, which is the scheduled date of construction completion. B cancelled the above entrustment contract and construction contract with Samsan General Construction on the ground of the above non-performance of Samsan General Construction on December 28, 2005. 4) After completion, the partnership held a council of representatives on June 26, 2004 and held a resolution on June 8, 2007 to pay the progress payment under the ownership of the partnership.

B Partnership shall transfer on September 27, 2007 a group of land allotted by the authorities in recompense of development outlay, including the land allotted by the authorities in recompense of development outlay listed in the attached list (hereinafter referred to as “instant land”).