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(영문) 서울중앙지방법원 2016.07.06 2015가합10313
사해행위취소 등
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

(c) a subcontract for the construction of Hanyang Development Co., Ltd.;

A construction work shall be executed in accordance with the first estimate, but additional construction costs shall be determined through consultation on the basis of general commercial transactions.

Article 5 (Settlement of Expenses) The amount shall be the final amount at the time of the settlement of the input expenses of the Knb General Construction and the Ynb, and it shall be processed after completion.

Special Agreement: The expenses incurred in the integrated construction of the K&P and the input and saving of the ambnb shall be recognized only as the relevant documents and documentary evidence.

Article 6 (Distribution of Shares in Terms and Conditions of Business) This Agreement shall be distributed in accordance with their respective shares at the time of the occurrence of profit by D, K&P comprehensive construction, YN's pursuit of profit, and at the time of the occurrence of an equal share, the profit may be distributed in accordance with their own shares, and the unsold shares may be settled in lots.

At the time of settlement, the amount after the settlement of construction cost, execution cost, and land cost shall be considered as profit, and the ratio of ownership for profit shall be agreed as follows:

* 70 per cent of the share enforcement profits of D.

* See 15 per cent of the share enforcement profits of the K&P General Construction.

* * 15 per cent of the share implementation profits of the Hasnbian.

2) Since then, D, on April 18, 2012, did not take part in the instant project, did not constitute a general construction by K&P, and YNA Co., Ltd. (hereinafter referred to as “YNA”)

A) If profits accrue as a result of running the instant project jointly with each other, the agreement on the same business (hereinafter “instant agreement”) provides that each party’s share will be distributed to each other.

(B) The instant agreement was concluded. The main contents of the instant agreement are as follows. The trust and completion frame of the instant new building are as follows: (a) Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) on April 18, 2012 while running the instant business.

The following day, after concluding a land trust contract with the sale-type, has completed the registration of ownership transfer for the project site of this case from the K&P comprehensive construction.

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