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(영문) 서울동부지방법원 2016.04.06 2014가합103211
사해행위취소 등
Text

1. Of the lawsuit of this case

A. Revocation of a contract entered into between Defendant B and P, as set out in attached Table 1 List 1.

Reasons

Basic Facts

On June 2, 2008, the Plaintiff entered into a contract for construction works with P to undertake construction works (hereinafter “instant construction works”) with the main complex apartment located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant main complex building”) for construction works (hereinafter “instant construction works”) of KRW 20.57 billion (hereinafter “instant construction contracts”), which is executed by P, and completed the instant construction works on December 31, 2008.

The Plaintiff, who is the contractor of the instant construction project, was the contractor of the instant construction project, jointly and severally guaranteed the loan obligation of KRW 9 billion on October 19, 2007, which P assumed against the National Agricultural Cooperative Federation for the implementation project of the instant construction project.

In addition, on June 19, 2008, the Plaintiff jointly and severally guaranteed the obligation to return part payments to the said financial institution when the buyers of the above building receive part payments from the National Bank Co., Ltd. and the mutual savings bank in the event that the buyers of the above building receive part payments for the sale of the main complex building in this case.

Defendant F, G, H, I, J, K, L, M, M, N,O, and Non-Party Qnet Q network Q of the instant apartment against 10 persons including Defendant F, etc., and the heir, Defendant H and I, as the heir, file a registration of transfer based on inheritance as shown below:

b. Except for net Q, “ Ten persons, including Defendant F,” is called “ten persons.”

The following table is that each apartment unit listed in the attached Table 3 (hereinafter referred to as "the apartment unit of this case") among the main apartment building of this case from P among the main apartment building of this case, is "the apartment unit of this case", and the apartment unit of this case is attached after "the apartment of this case"

2) The sales contract for the instant sales contract (hereinafter “instant sales contract”).

(B) Although the registration of ownership transfer was completed, part of the sale price was not paid (under the following table, the payment of the sale price between 10 and 10, including Defendant F, etc. and net Q).

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