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(영문) 의정부지방법원 고양지원 2018.01.26 2015가합72859
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. The Plaintiff: C [D Co., Ltd. (hereinafter “D”) engaging in the business of creative manufacturing, sales, etc.

A) Between the representative director of the Company C and C, a person who prepared a supply contract (Evidence A 3) under which C re-transfered an apartment (No. 102-704, hereinafter referred to as the “building No. 704”) in attached Form 1 (No. 102-704, hereinafter referred to as the “Building No. 704”) is to be transferred from the Koyang-si Integrated Construction.

Defendant Cooperative is an urban environment rearrangement cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and Defendant Korea Trust is a corporation operating a trust of land and its fixtures.

Meanwhile, the Defendant Union and B concluded a contract for construction works on the urban environment rearrangement project and completed the “E apartment complex (E apartment complex (hereinafter “the instant apartment complex”) which is a reinforced concrete building with the 272st above ground, including the instant building No. 704, and the 4th above underground floors (hereinafter “E apartment complex”).

B. On December 15, 2010, Defendant Cooperatives and Franchi Construction entered into a contract for construction works for the urban environment rearrangement project conducted on two parcels of land located in Gyeyang-gu F and 36, Gyeyang-gu, Seoul. On April 19, 201, Defendant Cooperatives and Franchi Construction entered into a modified contract for the said construction works over three times on January 24, 201, and January 10, 2014.

The contents of the above contract for construction works under the final modified contract are as follows.

1. Title of project: Urban environment rearrangement project B;

4. Details of the project: Construction of new construction facilities and appurtenant construction works authorized by the competent project approving authority;

5. Business Method: Construction cost to be paid by the Defendant Union to the Construction on the condition that the construction set forth in subparagraph 4 is completed on the land owned by the Defendant Union and the members of the Defendant Union shall be KRW 74.3 billion.

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