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(영문) 서울중앙지방법원 2018.01.18 2016가합581324
사업시행 인수계약 무효 확인의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The party status 1) The defendant Han-U.S. Corporation (hereinafter "the defendant Han-U.S. Corporation")

2) The project site in this case is the project site in this case, both of which are the 54-1 Japanese Won-dong, Gwangju-si (hereinafter referred to as the “instant project site”).

(2) A new construction project, including multi-family housing, etc. (hereinafter referred to as the “instant project”).

Defendant KONEX Development Co., Ltd. (hereinafter referred to as “Defendant KON”) is an implementer who has promoted the project.

) The company is the company that acquired the status of purchaser with respect to the instant project site, and Defendant B-PV Co., Ltd. (hereinafter “Defendant B-PV”).

(1) The Plaintiff acquired all the rights to implement the instant project from the Defendant Han Amateur through the instant contract, and acquired the status of the purchaser of the instant project site from the KONEX Development, and the Defendant O&C Co., Ltd. (hereinafter “Defendant O&C”).

(2) According to the instant contract, the Plaintiff is a shareholder and creditor of the Plaintiff, who is the Plaintiff and the Plaintiff.

B. From October 2006, the Defendant Hansi-gu announced the determination of the urban management plan to propose an urban management plan for the instant project site in Gwangju-do, and the Gwangju City announced the determination of the urban management plan for the instant project site under the Notification No. 2014-123 of the Gwangju City on July 23, 2014.

C. Defendant KONNN’s purchase of the project site 1) Defendant KNON’s failure to repay the PF loans on the instant project, and thus, Defendant KNEX Co., Ltd. (hereinafter “trust company”) was a trustee of the instant project site.

(2) On July 30, 2014, Defendant Jex Development sold the instant project site by public auction. (2) On July 30, 2014, Defendant Jex Development paid KRW 5 billion to Defendant Jex by receiving a successful bid for the instant project site in public sale at KRW 50 billion.

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