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(영문) 서울고등법원 2016.05.13 2015나2022142
사해행위취소
Text

1. At the request of an exchange change from the trial court, Defendant Samd Industries Development Co., Ltd. shall be 445,500 to the Plaintiff.

Reasons

1. Basic facts

A. Around June 2009, the Defendant Mutual Aid Association concluded a reconstruction project with the Defendant Company under the contents of the construction contract, which removes Audio houses and commercial buildings on the land of the Yeongdeungpo-gu Seoul Metropolitan Government, H, I 2,577 square meters and reconstructs D apartment. The main contents of the terms of the construction contract are as follows.

Article 1 (Purpose) In relation to the reconstruction project of Yeongdeungpo-gu Seoul Metropolitan Government H, Audio-Aud Housing and Commercial Building located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant Mutual Association is the owner, and the Defendant Mutual Association stipulates matters concerning the rights and obligations between the Defendant Mutual Association and the Defendant in order to promote the smooth implementation of the project as the contractor of the project, and enters into the reconstruction construction contract as follows,

Article 4 (Method of Implementation of Projects) (1) The defendant association shall provide the defendant company with H and I land owned by the defendant union and its members, and shall be supplied with the newly built apartment and its incidental facilities in return therefor.

In such cases, land provided by the defendant company refers to land in a state that does not impede the commencement of construction works by the defendant company by securing the ownership of land and the right to use land.

(2) The Defendant Company shall invest the project expenses agreed to be invested by the Defendant Company in the site referred to in paragraph (1) provided by the Defendant Company in accordance with the design documents, terms and conditions of the contract, etc. approved by the head of the competent local government, and supply the Defendant Company with the apartments and ancillary and welfare facilities newly built on the condition of payment in kind for the land provided by the Defendant Company, and the remaining construction facilities shall be appropriated from the construction expenses and

(1) The occupancy charges of new apartment houses for the previous land owned by the members of the defendant's association under Article 4 (1) shall be as follows:

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