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(영문) 서울고등법원 2015.06.19 2014나2035844
사해행위취소
Text

1. Of the judgment of the court of first instance, the part against the Defendants is revoked, and the Plaintiff’s claim corresponding to the revoked part is all revoked.

Reasons

Basic Facts

Defendant A was a juristic person established for the purpose of golf course business, etc., and around 2006, Defendant A promoted the “D golf club development business” (hereinafter “instant golf course development business”), including each of the instant land, in the Gyeong-gun, Seongbuk-gun, Seongbuk-do.

The Plaintiff, a corporation established for the purpose of real estate consulting and development business, received technical services related to the instant golf course development business from Defendant A.

Defendant B was a corporation established on July 15, 201 for the purpose of running a golf course, and purchased each of the instant lands from Defendant A on February 24, 201.

On January 12, 2006, the Plaintiff and Defendant A entered into a technical service contract with Defendant A, setting the service cost of KRW 1 billion (excluding value-added tax) to the Plaintiff and contracted the following affairs related to the instant golf course development project:

(2) The term “instant contract” refers to the following: (a) The main contents of the work are to prepare a proposal for urban management planning; (b) land suitability survey; (c) land suitability survey; (d) survey; (d) survey; (d) survey; (e) survey; (e) survey; (e) survey; (e) survey; (e) survey; (e) survey; (e) survey of soil quality; (e) survey; (g) survey of groundwater impact assessment; (e) approval of an implementation plan and an implementation plan; (g) assessment report; (v) assessment report; (v) assessment of traffic impact; (v) assessment report; (v) assessment report; (v) assessment report; (v) assessment of traffic impact; (v) assessment report; (v) assessment of traffic impact; (v) assessment report; (v) assessment of traffic impact; (v) preparation of books; and (v) technical supervision service cost-based; and (v) advance payment of 150,000,000 for the first completed portion at the time of the contract; and (v) approval of the project plan, 3000,000,0000.

The plaintiff shall prepare an urban management plan proposal, conduct a survey on topographical status, assess land suitability in accordance with the contract of this case.

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