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(영문) 서울중앙지방법원 2019.11.07 2019가합504533
사해행위취소
Text

1. The plaintiffs' action against the defendant H is dismissed.

2. The plaintiffs' defendant G and I Co., Ltd.

Reasons

1. Common factual relations;

A. On February 19, 2009, the Mayor of K and J appointed K as the project implementer of the L Market Improvement Project (hereinafter “instant improvement project”) pursuant to the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “ Traditional Markets Act”) by designating the size of 22,908 square meters for M and 21 lots outside Dongdaemun-gu Seoul, Dongdaemun-gu as the L Market Improvement Zone and designating K as the project implementer of the L Market Improvement Project (hereinafter “instant improvement project”).

On the other hand, J is a parent company that has been established for the purpose of market improvement projects and has 95.52% of the K-issued shares.

(2) On December 31, 2007, K completed the registration of transfer of ownership based on the trust on December 31, 2007, with respect to Mbu 16,516.9 square meters (hereinafter “instant land”) in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

(3) On February 19, 2009, the Seoul Special Metropolitan City Mayor approved K’s plan to implement the instant improvement project pursuant to Article 37(1) of the Traditional Markets Act.

B. On March 14, 2014, J and K concluded the instant contract with Defendant G with the following content:

(B) The term “A” and “B” refer respectively to Defendant G, and J and K. Article 2(Transfer of Business Right) of the Business Agreement and Article 2(Transfer of Business Right) (1) of the Business Site under Article 1 is to transfer to Party A all the enforcement authority and incidental authority related to the L market improvement project, which is the competent authority, the Seoul Metropolitan Government and Dongdaemun-gu Office, with respect to the business site under Article 1.

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:

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

the real estate(5 bonds) not trusted among the real estate(5 bonds) in which B is concerned.

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