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(영문) 서울고등법원 2017.04.14 2016나2077057
사해행위 등 취소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Basic Facts

On August 19, 2010, the Plaintiff (YBA: hereinafter “H”) entered into a construction contract with H farming association (hereinafter “instant construction”) for the construction work of constructing the Z center on the FF on the land of the female-gun owned by the Defendant C (hereinafter “instant construction work”), with the contract amount of KRW 1.265 billion (including value-added tax) and the construction period from August 25, 2010 to November 25, 2010.

(hereinafter “the instant construction contract”). The instant construction project was designed to be built by dividing the building of a factory (factory operation) and the exhibition complex building (e.g., exhibition complex building). At the time of the completion of the instant construction contract, the Plaintiff and H separately prepared a construction contract with the construction cost of KRW 9.7 million in relation to the factory operation and KRW 35.3 million in the construction cost as to the exhibition zone.

(A) At the request of H at the time of completion of the basic construction work in accordance with the instant construction contract, the Plaintiff decided to install an office, restaurant, seminars, lodging room, etc., which was to be installed in the initial exhibition Dong while constructing a factory building with two floors.

Accordingly, H changed the design by reflecting the portion added to the new construction of factory operation (elevators' room, elevator machine room, neighboring boiler room, etc.), and upon receiving an application for change of construction permit from the Innju-Gun Office on November 1, 201, and received an application for change of construction permit on the 16th of the same month.

Meanwhile, on the other hand, on December 8, 2010, the Plaintiff and H limited the construction work regarding the instant construction contract to the new construction work of a factory, increased the contract amount to KRW 1.59 billion, increased the construction period to KRW 1.59 billion, and entered into a contract for construction contract modification by up to one month from August 25, 2010 to December 21, 2010.

(hereinafter “instant modified contract”). On December 17, 2010, the Plaintiff completed the instant construction and applied for approval for use on December 21, 2010, and completed a completion inspection on a factory building (1st floor factory 758.15 square meters, 2nd floor office 583.57 square meters) on December 21, 201.

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