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(영문) 서울고등법원 2017.02.07 2015나2075351
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

(a) be racing;

Article 4 (Determination of Construction Costs) The above three companies shall subcontract the construction work for Hanyang Development Co., Ltd. in accordance with the first contract for the construction work.

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 of input expenses referred to in Article 5 (Settlement of Expenses) shall be the final amount at the time of settlement of the input expenses, and shall be processed after completion.

Special agreement: "B" and "sicks" shall be recognized only for relevant documents and documentary evidence.

Article 6 (Distribution of Shares in Terms and Conditions of Business) This Agreement shall be distributed to "A", "B" and "B" according to their respective shares in which profit is sought, and when profit is generated according to their equal shares, and may be settled in lots at the time of unsold sale.

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 profit for the implementation of A’s share.

* * 15 per cent of the profit from the implementation of the shares in B.

* * 15 per cent of the profits from Byung’s equity implementation.

2) However, inasmuch as C and KW integrated construction does not take place in the process of the project, on April 18, 2012, it is deemed that the instant trade agreement was entered into with YA (hereinafter “instant trade agreement”).

(3) On April 18, 2012, the Republic of Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) concluded a land trust agreement with the Korea Asset Trust Co., Ltd. on April 18, 2012, and subsequently transferred the registration of ownership transfer of the instant project site from the K&P General Construction, and completed the registration of trust in the Korea Asset Trust on September 10, 2013. The new building of this case was registered under the name of the Korea Asset Trust.

4 The later framed S&A means January 8, 2014.

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