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(영문) 대전지방법원 2017.09.14 2015가단208136
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. C is the owner of the real estate indicated in the attached list (hereinafter “instant real estate”), and the Defendant A is the father of C.

B. On June 7, 201, D (hereinafter “Nonindicted Company”) purchased each of the land F, G, and H (hereinafter “each of the instant land”) owned by C, etc. from Daejeon-dong Daejeon-gu, Daejeon-gu, G, and H (hereinafter “C, etc.”) for KRW 8.5 billion, and entered into a sales contract with the intent to pay an intermediate payment and remainder to the purchase price incurred after the new construction of a building on each of the instant land, and entered into an agreement for joint development of real estate props on each of the instant land (hereinafter “instant joint development agreement”) with regard to each of the instant land (hereinafter “instant project”). The main contents of the instant joint development agreement are as follows.

(A) Under the Agreement, “A” and “B” refer to the non-party company. Article 2 (Price of Site Provision)

1. Eul shall be paid the price determined as KRW 7,00,000 (7,000,000) of the site price in return for a joint project;

2. B shall, in return for a joint project, determine the amount of profit A as a total of KRW 1,500,000 (1,500,000) in return for the joint project.

Article 4 (Mutual Cooperation) A shall, for the Project, immediately issue and provide all documents upon request of B.

B shall use all documents provided by A only for the purpose of this project.

C. On June 8, 2012, the Plaintiff entered into a construction contract with Nonparty Company to newly construct urban-type residential housing on each of the instant land (hereinafter “instant contract”) and began to build urban-type residential housing from September 2012.

C On December 11, 2013, Defendant A donated 37/100 of the instant real estate, and 63/100 of the instant real estate to Defendant B, and completed the registration of ownership transfer with respect to the Defendants.

[Reasons for Recognition] There is no dispute;

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