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(영문) 서울고등법원 2020.06.25 2018나2071640
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of this Court is as follows, with the exception of the writing of this part of this part as follows, that part of the reasoning of the judgment of the first instance is identical to that of “1. Basic Facts” and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Use]

F. On March 14, 2014, C and D concluded an agreement between the Defendant and the Defendant to transfer all rights related to the instant business as follows:

(hereinafter referred to as “instant contract”). The transfer of business rights and the transfer agreement of acquisition (the transfer of business rights) Article 2 (Transfer of Business Rights) of the Business Agreement (A: Defendant, B: and D) (1) of the Seoul Metropolitan Government and Dongdaemun-gu Office, which are the competent authorities, shall transfer to Party A all the enforcement authority and incidental authority of the F market improvement project related to the instant project site, which was obtained or is being obtained from, and pending in, the Seoul Metropolitan Government and Dongdaemun-gu Office.

Article 3 (Scope of Transfer and Acquisition of Business Right) (1) The object to be transferred to A by B shall be as follows:

Real estate in the project zone following the implementation of this project shall be secured by A through the following transfer methods:

A public auction or private contract shall be transferred to A for the public auction of the trusted real estate in the name of executive officers and employees of B and B, and at the same time, for the public auction of the trusted real estate.

B The ownership shall be secured by a separate sales contract for non-trusted real estate (5 bonds of a building) among the related real estate, but the purchase price shall be included in the expenses for acquiring business rights under Article 4. c.

The above-mentioned 1 and 2 real estate (unrightsed real estate) shall negotiate real estate under the initiative of A and actively cooperate for B to purchase real estate smoothly.

(b)any authority and duty obtained or pending with, or in the course of, the competent and relevant authorities, and any terms and conditions of performance submitted to, the competent and relevant authorities in connection therewith;

(c) Succession to the following rights and duties among the rights and obligations of Eul arising from the Project:

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