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(영문) 수원지방법원 2019.01.17 2017가합30371
사해행위취소청구 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) with H Co., Ltd. as a contractor (hereinafter “H”) is a company that constructs and sells eight apartment units of 665 units and ancillary and welfare facilities of 20 stories on the ground of 22,030.96 square meters (72,829.61 square meters; hereinafter “the first site”) in Cheongsung-si, the 20th apartment units of 20 stories on the ground, and Defendant D and Defendant E Co., Ltd (hereinafter “Defendant E”) jointly with H as the contractor, with H as the contractor, the company that constructs and sells eight apartment units of 665 units and ancillary and ancillary and welfare facilities of 20 stories on the ground. The company is a company that constructs and sells the 20th apartment units of 20 stories on the ground (66,640 square meters, hereinafter “second site”).

(hereinafter referred to as "the project of this case" in total of the development projects promoted in the above sites 1 and 2.

In the case of Plaintiff A Co., Ltd. (hereinafter “A”), on November 13, 2006, the representative director of Plaintiff A entered into a consulting service contract with K with the above real estate, and thereafter, on May 2007, the parties changed from R to Plaintiff A.

On November 13, 2006, when entering into a real estate consulting service agreement on the purchase of approximately 20,800 square meters of a second site with a non-party KK Co., Ltd. (hereinafter “K”), the service cost was determined as KRW 5,000,000,000 in total, including the remainder of KRW 4,850,000,000, and the remainder of KRW 4,850,000,000, each of the above service cost was paid on the premise of the completion of the service agreement; the service cost was paid on the premise of the completion of the service agreement; the service cost was to be reduced at the rate of 20% of the total land subject to the sale; the down payment among the service cost was to be paid at the time of entering into an agreement with Defendant D (H); and the remainder was to be paid at the time of occurrence of this / F.

(hereinafter “instant service contract”). On November 23, 2006, the Plaintiffs received down payment of KRW 150,000,000 according to the instant real estate consulting service contract.

C. Defendant D and E, around May 2007, shall succeed to the status of the parties to the instant service agreement, with the Plaintiffs and K around May 2007.

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