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(영문) 울산지방법원 2018.02.08 2016가합21267
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 10, 1993, the Plaintiff as the parties concerned is the land partition rearrangement association, which obtained the authorization of the land rearrangement project for the North-gu Seoul Metropolitan Government D Day (hereinafter “A”), and the Defendant is the association established to build new apartments with a scale of 520 households on the ground of each land scheduled for replotting in A.

B. 1) The plaintiff on June 26, 2004, E Co., Ltd. (the trade name before the change: F. hereinafter referred to as “E”).

(B) The construction contract for the land readjustment project was entered into with the land readjustment project (hereinafter referred to as the “instant construction contract”).

(3) On May 22, 2009, the contract amount of 15,29,290,000 won (=the amount of loans of 6,16,00,000 won for civil construction costs = 6,124,00,000 won (i.e., compensation cost of 1,680,000,000 won for office work costs of 1,680,000,000 won for reserve funds of 700,28,91,000 won for substitute farmland creation cost of 330,91,000 won for farmland diversion of 2,412,721,000 won). The Plaintiff entered into a contract for the E-1,29,000 won for each of the land secured for development recompense under the land substitution plan for 30,50,0000 won for each of the E- 1,505,000 won for the E-20,0005,0000 won for each of the land secured for development outlay.

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