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(영문) 서울중앙지방법원 2018.11.29 2017가합561907
사해행위취소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) KRW 510,000,000 for the Plaintiff and its related expenses on July 1, 2016.

Reasons

1. Basic facts

A. On March 3, 2008, the Plaintiff and Poco Construction Co., Ltd. (hereinafter “Poco Construction”) concluded a joint project agreement with the Plaintiff and Poco Construction Co., Ltd. (hereinafter “Poco Construction”) to jointly carry out the business (hereinafter “instant joint project”) of newly constructing and leasing the buildings with the Poco Construction’s 5th underground floor and the 39th above ground level (hereinafter “instant building”) serving as the Poco Construction’s 36-dong, Yeonsu-gu, Incheon (F1 block of the International Business Complex). The following contents were as follows.

The Plaintiff and the Scco Construction agreed to establish a special purpose company to purchase land owned by Songdo International City Development Limited Company and to newly construct and lease a building (the instant building) listed in Article 2.

Article 2 (Opening of Business) (1) A project site: 36 (F1 block in Songdo-dong, Yeonsu-gu, Incheon Metropolitan City) (2) Total floor area: 11,410.7 square meters (3,452 square meters): Total area: 149,97 square meters (45,368 square meters): Total area on ground: 102,595 square meters (31,035 square meters): Total area on ground of 149,97 square meters: 102,595 square meters (31,035 square meters): Article 3 (Establishment of Special Purpose Company) (1) The parties to this Agreement shall establish a special purpose company for the implementation, construction, lease, management of the building of this case and all related activities within 30 business days after the conclusion of this Agreement.

- Plaintiff 510,00,000 - 51% Sco Construction 490,000,000 - 49% of the capital at the time of incorporation of a special purpose company. 2 The capital at the time of incorporation of a special purpose company shall be one billion won, and the ratio of investment by each shareholder shall be as follows:

Article 5 (Roles and Obligations of Parties) (1) The Parties shall have rights and duties in accordance with the investment ratio to a special purpose company.

2. The roles and duties of the Plaintiff regarding the instant project shall be as follows:

b)investment in a special purpose company;

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