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(영문) 서울고등법원 2015.09.09 2015나10778
사해행위취소 등
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' lawsuits are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The plaintiffs E Co., Ltd. (hereinafter "E") created claims against E

2) On June 22, 2005, the construction of a new house on a plot of land (hereinafter “new construction of this case”) from F, K, and three parcels of land (hereinafter “instant new construction”).

In order to secure the claim for the construction cost, each of the real estates listed in the separate sheet (hereinafter referred to as “each of the real estates in this case”) between F and F is awarded a contract.

A) As to the purchase price, KRW 290,00,00 and September 30, 2006, the date of the completion of the pre-sale agreement, the pre-sale agreement was concluded with no separate declaration of intent. On June 27, 2005, the provisional registration of ownership transfer claim based on the pre-sale agreement was made on June 24, 2005 (hereinafter “the provisional registration of this case”).

2) Of the instant new construction works, Plaintiff A and Plaintiff C subcontracted the instant new construction works to Plaintiff B, military unit civil engineering, and retaining wall, respectively. On July 15, 2005, the instant new construction works was suspended and on August 22, 2005, E rescinded rescinded the instant contract for the new construction works between E and F.

3) As the discontinuance of the instant new construction project, the Plaintiffs, who were not paid the period of the subcontracted project, filed a claim for the construction cost against E or agreed on the payment of the construction cost with E as follows. (A) Plaintiff A filed a claim against E for the construction cost claim against Suwon District Court Ordering E to pay the said Plaintiff KRW 82,50,000,000 and the delayed payment damages for the said claim against E on July 8, 2008. The said judgment became final and conclusive on August 19, 2008.

B. Plaintiff B filed a lawsuit against Party B as Seoul Southern District Court 2007Gadan81135, and Party B filed a lawsuit for construction cost on June 16, 2008 in the above court of appeal No. 2008Na3942, the appellate court of June 16, 2008, Party B filed the lawsuit against the said Plaintiff 40,000.

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