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(영문) 대전지방법원 2018.09.05 2015가합2809
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On May 25, 2010, the Korea Land and Housing Corporation has become a party, etc. 1) The Daejeon Seodong-gu Land and Housing Corporation is a party to the housing site development project, with a size of 1,465.4m2 (hereinafter “Y land”).

(A) The land in this case is “Z land,” 1,460.9 square meters (hereinafter “Z”), and “Y land is combined with Y land.”

(1) The T Trade Association (hereinafter referred to as the “instant trade association”) supplied its services.

) The said land is an organization consisting of those who are in the position to be supplied with the said land and those who are transferred the said position, and U.S., Inc. V (hereinafter “U”) and V “V”.

A) A corporation is established for the purpose of real estate development business to carry out the construction and sale of a commercial building for the above land. 2) W is a representative of the instant association, a person who was in charge of U’s representative director, and X was in charge of V’s representative director as the wife of W.

3) The Plaintiffs are members of the instant association, and the Defendant is a construction company that entered into a contract for construction of a commercial building with U and V on March 2013. (b) The instant association succeeded to the rights and obligations under the sales contract concluded with the Korea Land and Housing Corporation regarding the instant land as to the instant land, and the rights and obligations regarding the sales contract of the Y land on July 27, 2012 for the convenience of sales balance loan. The rights and obligations regarding the sales contract of the Z land on the same day are transferred to X, respectively, in the name of W in relation to the Z land, and in the name of X in relation to the Z land.

2) The instant union, U, and V enter into an agreement with the following terms and conditions around November 2012 (hereinafter “instant agreement”).

In November 29, 2012, the registration of ownership transfer was made in U’s name with respect to land Y and in V’s name with respect to land Y.

The instant union, U, V, and the instant union on June 30, 2012.

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