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(영문) 의정부지방법원 2016.07.14 2014가합10035
사해행위취소 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiffs, including the supplementary participation portion.

Reasons

1. Presumed factual basis

A. The Defendant’s Intervenor’s establishment background 1) Defendant D (hereinafter “D”)

(A) around May 2010, E-Ga Building 1, 2, 4, 5, 6, 7 cooperatives, F stores 1, 3, 5, 6 cooperatives, and 6 cooperatives, Namyang-si, G, and H block (hereinafter “instant project”).

(C) On June 23, 2010, the Defendant’s Intervenor’s Intervenor (hereinafter “ Intervenor”) as a special purpose corporation agreed to establish a special purpose corporation to succeed to the rights and obligations of the project site, upon entering into a joint enforcement agreement on the joint enforcement of the project site.

2) On June 23, 2010, the Intervenor entered into an implementation and asset management services contract with D through D with respect to the implementation of the instant project between D and D, and setting the scope of D’s work, such as the execution of contracts and the borrowing of project costs, etc. through project financing.

B. On July 29, 201, the Intervenor, the Defendant, etc. entered into a business agreement and an agency contract with the content that the Intervenor shall perform the business of raising business funds as an executor on July 29, 201, and the Defendant, as an agent trust company, performed the business of managing business funds and the business funds under the sales management trust agreement. The sales revenue entered into a contract with the Defendant to receive only the Defendant’s sales revenue management account. Accordingly, on the same day, the Intervenor entered into a real estate sales trust agreement (hereinafter “the instant land”) with the Defendant on July 29, 201 as follows with respect to the 849 square meters of the I block (hereinafter “the instant land”).

Article 1 (Purpose of Trust) The Trust Contract is to preserve and manage the ownership of the trusted real estate (including the case of additional trust of the completed building) in a business where the truster newly constructs or expands a building on the trusted real estate (the site location: 849m2, 219.54m2, 219.54m2, 1m2, 4m2, 2,43.68m2) on the trust real estate by the truster pursuant to the Act on the Sale of Buildings.

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