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(영문) 서울고등법원 2018.11.09 2015나2061178
사해행위취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2.Request for registration of cancellation by subrogation of creditors added at the trial.

Reasons

1. Basic facts

A. A. Around May 2010, D, E, F, and network H (hereinafter collectively referred to as “owners, including the foregoing four owners, of May 24, 2013) decided to newly construct multi-household houses on the ground (the ownership transfer registration was made to G due to the ownership transfer on March 25, 2014) of Yongsan-gu Seoul Metropolitan Government I for large-scale 380 square meters (D 5/10 shares, E4/10 shares, F1/10 shares, and F1/10 shares),

B. On May 21, 2010, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) concluded a construction contract with the owner for a newly built multi-household house on the ground of the said land (hereinafter “instant construction”) with respect to the construction of a newly built multi-household house on the ground, and with respect to the construction cost of KRW 1,392,125,00 and the construction period from May 27, 2010 to December 30, 2010.

(hereinafter “instant contract”). (c)

Plaintiff

When the company delayed construction after the commencement of the instant construction work, the owner of the instant construction work entered into a new construction contract with L Co., Ltd. for the construction work amounting to KRW 1,170,280,000, and the construction period from October 25, 201 to March 31, 201, and subsequently the Plaintiff Company again entered into the instant construction work with L Co., Ltd. on October 21, 201.

On the other hand, on May 31, 201, Plaintiff Company awarded a subcontract with Plaintiff B (M) for the term of construction from June 1, 2011 to December 20, 2011, with construction cost of KRW 380,000,00 (hereinafter “instant subcontract”), and F on behalf of the owner of the instant construction guaranteed the Plaintiff Company’s obligation of payment for the said subcontracted construction cost.

E. As a dispute arises between the Plaintiff Company and the project owner, the Plaintiff Company suspended construction works and corrected the entrance entrance of the construction site from February 2012, and the project owner on March 29, 2012.

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