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(영문) 서울중앙지방법원 2019.01.30 2017가합535281
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The instant forest was owned by J and K, and the instant forest was owned by J and K, for the reason that the sales contract was concluded on March 23, 2012, 2012, H 4,407 square meters of H 4,407 square meters of the Suwon-si Suwon-si Suwon-si (which was divided into 3,973 square meters of H forests and 3,973 square meters of land and 434 square meters of I forest land in Tae-si-si; hereinafter “instant forest”). The ownership transfer registration was completed in G and L name with respect to 4973/6 of each of the instant forest among the instant forest, on the ground that each of the instant forest was sold on March 27, 2012.

B. On May 2, 2012, G and L obtained a construction permit (hereinafter “instant construction permit”) with the following content from the head of the Suwon-si Office to construct 12 main building on the ground of 3,973 square meters (hereinafter “instant land”).

Indication of Construction Permission

1. Permission number M;

2. A project owner G and one other;

3. H of a water zone in response to the location of the site;

4. Land size of 3,413 square meters.

5. Detached houses for main purposes (single houses and parking lots);

6. Building area of 537.84 square meters;

7. Total floor area of 1,363m2.68m2;

7. The head of Suwon-si Si/Gun/Gu;

C. 1) On February 28, 2014, between G and G, the Plaintiff newly constructed, on the instant land from G, a two-story detached house on the 13rd ground level above that of the instant land (hereinafter “instant construction”).

(2) A contract for construction works, the construction period of which was contracted for KRW 2,047,00,000 (hereinafter “instant contract”) from February 24, 2014 to June 24, 2014 (hereinafter “instant contract”).

(2) On March 6, 2014, G concluded a fund management contract with N Co., Ltd. (hereinafter “N”) and the Plaintiff, designating the delegating person as the Plaintiff, G, N, and Si construction. As to the O-electric house (hereinafter “instant electric house”) constructed on the ground of the instant land, G entered into a fund management agency contract with N to delegate the receipt and management of the sales price of the instant project to N in connection with the instant project (hereinafter “instant electric house”).

G, L, as indicated in the following table, shall be respectively applicable to the entire house of this case.

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