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(영문) 서울고등법원 2019.09.20 2018나2065188
사해행위취소
Text

1. Of the instant lawsuit, the part of the preliminary claim, added at the trial, shall be dismissed.

2. All appeals filed by the plaintiffs.

Reasons

1. Basic facts

A. On February 19, 2009, pursuant to the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “ Traditional Markets Act”), the Mayor of Dongdaemun-gu, Seoul and 22,908§³ were designated as a G market improvement zone and appointed D Co., Ltd. (hereinafter “D”) as the project implementation representative of G market improvement project (hereinafter “instant improvement project”).

B. Since then, the instant rearrangement project did not properly proceed due to the difficulties in raising funds. However, the agreement on the transfer and takeover of business rights on March 14, 2014, stating that “D and H transfer of the right to implement the instant rearrangement project, etc. to the Defendant,” the main contents of which are “A and H transfer of the right to implement the instant rearrangement project, etc., to the Defendant,” as one of the parties to the contract with D and D as one of the other parties.

The defendant of the agreement on transfer and takeover of business rights (hereinafter referred to as "A") and H and D (hereinafter referred to as "B") shall conclude a contract for transfer and takeover of business rights with respect to the G market improvement project development project right as follows, and shall prepare two copies of the contract in order to verify it, and keep one copy of the contract after signing and sealing it by the parties concerned.

Article 1 (Opening of Business) (1) 1: Business location. (2) Business location. (3) The scale of the Dongdaemun-gu Seoul Metropolitan Government: (4) The area of a site is omitted. Article 2 (Transfer of Business Rights) 22,908 square meters of the area. (1) B shall transfer the authority and incidental authority of the Seoul Metropolitan Government and Dongdaemun-gu Office with respect to the site of the project under Article 1, to Party A, the competent authority for the implementation of the business rights related to the G market improvement project,

(2) The method of transferring or taking over the business rights under this contract shall be the method in which the competent authorities and related agencies apply for the change of the project operator, by which the land ownership for all the projects, including the name of the project operator, is acquired from B.

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