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(영문) 서울북부지방법원 2018.10.25 2016가합25298
사해행위취소
Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

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

Reasons

Basic Facts

D Co., Ltd. (hereinafter referred to as “D”) was a project developer of the G market improvement project (hereinafter referred to as “instant improvement project”) that is implemented in accordance with the Special Act on the Development of Traditional Markets and Shopping Districts with the Dongdaemun-gu Seoul project district (hereinafter referred to as “instant project site”).

A written agreement E (hereinafter referred to as “A”) shall be a person who intends to acquire the instant project site through a public sale, and implement the instant improvement project, and shall agree with the Defendant (hereinafter referred to as “B”) who acquired all rights from the existing implementer D, and shall proceed in accordance with the principle of good faith as follows.

Article 2 (Matters to be Implemented) (1) A shall either implement any measure required to become a new project operator of the project, or cause D to implement such measure.

b) - (Detailed Matters omitted) - (2) - all the measures necessary for Gap to secure the rights of this project site and ground buildings - Section 3 (Matters to be carried out by A) - Section 3 (Matters to be discharged by A) - Section 3 (Matters to be discharged by A) 1 shall be calculated by adding up the expenses to be incurred in relation to the project and the charges to order the project site and the building in which Section B is located, as well as the charges to be incurred in relation to the project in which Section D is charged to Section 15,200,000,000, and all the rights acquired by Section D shall be consented thereto.

(2) A shall pay A, after concluding a written agreement, after confirming whether A satisfies the terms of payment of settlement payments.

Provided, That the detailed method of receipt shall be determined in consultation with B.

The Defendant drafted a written agreement (hereinafter “instant agreement”) with E Co., Ltd. (hereinafter “E”) and April 6, 2016, and the main contents of which are as follows:

The project implementer of the instant rearrangement project was changed from D to E on June 30, 2016.

[Ground of recognition] The fact that there is no dispute, and there are evidence Nos. 1, 2, and 9 shall be included in the number, below.

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