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(영문) 의정부지방법원 2016.07.13 2016가단102696
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiff's ground for claim

A. (1) On May 22, 2013, Plaintiff A entered into a PM service agreement with C Co., Ltd. (hereinafter “C”) and C, with respect to the development and sale of E in Gyeonggi-do D D D D (hereinafter “instant development project”), with respect to the instant development project, the Plaintiff A, a recipient of the instant development project, to perform overall duties, such as land management, the selection of a contractor, the vicarious execution of construction, the sale of sale, the selection of model management companies, the advertisement, etc.

(2) On August 27, 2014, Plaintiff A transferred all the rights and obligations under its PM service agreement to Plaintiff B (hereinafter “Plaintiff”) that is the representative director. However, Plaintiff A continuously visited Plaintiff Company to manage the project site, and continuously selected the construction design office and Si construction work by starting preparation for specific performance of the contract, such as the selection of the construction site, construction design, and the selection of the sales agent, which is the content of the PM service agreement, while managing the project site. On April 27, 2014, Plaintiff A initially promised to implement PM service contracts, such as printing a person eligible to become a buyer, in order to establish a prompt sale plan in accordance with the plan for construction permission and authorization and approval of the project.

(3) However, according to the PM service agreement, C had a duty to obtain ownership of land outside Pyeongtaek-gun, Gyeonggi-do and obtain various authorizations and permissions for new construction of a building within the scheduled time limit, and to cooperate with the Plaintiffs in managing and selling the new E-built building in accordance with the PM service agreement.

(4) However, C was unable to obtain various permits and permits necessary for building construction due to financial circumstances, etc. within the scheduled time limit, and the Plaintiffs received the funds and the representative director of the Plaintiff Company F from the Plaintiff and the Plaintiff Company for the prompt and normal implementation of the instant development project.

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