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(영문) 전주지방법원 2019.02.13 2014가합8768
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) D is the Plaintiff’s 7th ground and the 1st underground floor building in E and Jeonju-si, Seoul Special Metropolitan City (hereinafter “instant building”).

) New construction works (hereinafter “instant construction works”)

A) The contract for construction work was entered into between the Plaintiff and the Plaintiff (including value-added tax) and the Plaintiff (hereinafter “instant contract”) on October 4, 2010, setting the contract price as KRW 2,694,890,000 (including value-added tax) with respect to the instant construction work.

The Plaintiff and D entered into a contract for the change of the construction contract (hereinafter “instant change contract”) with the content that the construction cost shall be increased to KRW 2,860,500,000 (including value-added tax) on March 9, 2011.

(2) Since April 25, 201, the Plaintiff suspended the instant construction from April 25, 201, and D occupied the instant construction site from May 23, 2011.

D) As to the remainder of the instant construction, G Co., Ltd. entered into a new contract with G Co., Ltd., and completed the registration of ownership preservation in the name of D on August 22, 2011.

3) On May 24, 2011, the Plaintiff filed an application for provisional attachment against real estate regarding each of the real estate listed in the separate sheet (former District Court Decision 2011Kahap316), and received the decision of provisional attachment on June 20, 2011. The provisional attachment was revoked on March 2, 2012 and the registration of provisional attachment cancellation was completed on March 7, 2012. (4) The Plaintiff filed a lawsuit against D for the claim for construction payment (former District Court Decision 2012Gahap5376 (principal lawsuit), 2013Gahap3018 (Counterclaim)) against the Plaintiff, and filed a favorable judgment against the Plaintiff on January 22, 2014, and filed an appeal by the appellate court [Attachment High Court Decision 2014Na821 (principal lawsuit), 2014Na3838 (Counterclaim) from the Jeonju High Court to the date of 2015Da1614575 decided May 26, 2017

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