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Reasons
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(영문) 춘천지방법원 원주지원 2021.02.04 2019가합6016
사해행위취소
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1. A site for a project concluded on August 30, 2016 with respect to an urban development project of the Jeju-si D District between the Defendant and C.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) promoted an urban development project for the original district of Jeju, which developed and sells multi-family housing, etc. from around 68,000 square meters in the area of 206 Won-si, Nowon-si (hereinafter “instant project”). Around that time, it concluded a sales contract with landowners within the instant project site, and paid approximately KRW 2.8 billion to landowners as contract deposit, etc.

2) C and 16 landowners within the instant project site filed an application for designation of an implementer for the instant project with the Gangwon-do branch office around November 201, 2010, and the Gangwon-do branch office designated “C et al. and 16 others” as the representative of F, the C’s representative director, on December 7, 2010.

B. On June 9, 2014, the Plaintiff and the Defendant: (a) entered into a contract to take over the instant business rights from C (hereinafter “instant primary acquisition contract”); and (b) paid the down payment KRW 500 million on the same day.

The main contents related to the instant case, among the instant acquisition contracts, are as follows.

Article 1 (Purpose) The purpose of this Agreement is to transfer C’s business rights related to the instant project to the Plaintiff and to acquire them by transfer.

Article 3 (Subject Matter of Transfer and Acquisition of Business Rights) (1) Subject matter of transfer of business rights under this Agreement shall be as follows:

1. All rights to carry out the instant project or any other project related thereto;

2. All relevant work outcomes related to the owner of land (including buildings) within the relevant project site;

3. All books, etc. related to authorization, permission and design;

4. The name of C promoted in relation to the instant business, including the name of the owner of the building on authorization and permission, shall be the name of the Plaintiff.

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