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(영문) 대전지방법원 2018.11.15 2017가단206868
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The basic facts C (hereinafter “A”) and the project implementer Plaintiff (hereinafter “B”) and the civil engineering work executor D (hereinafter “A”) agree to pay admission fees arising from the management of the tourist farm development project (theme park) for land usage fees and civil engineering construction costs as follows:

Article 1 [Obligation A] After obtaining the tourist farm authorization and permission, Party A’s obligation is completed by C after completing the basic civil works of Filwon(1st 9,000 square meters) at the time of official week and providing Party B with the same.

Article 2 [Obligation of B] B shall invest in all facilities for tourist farm business (theme park business) and use it for 10 years from the date of opening and transfer to A without compensation all rights, including superficies business rights.

Article 3 [Obligations of Soldiers] Byung is obligated to complete the basic civil works of Filju City F (1st 9,000 square) in accordance with the design required by B and to provide B with the obligations.

A. On July 8, 2015, the Plaintiff entered into an agreement with the farming association corporation C (hereinafter referred to as “C”) and D on the te (the Defendant’s father) holding the previous representative director of C, to undertake the business of creating theme park (hereinafter referred to as the “instant business”) with an aim to implement the business of creating theme park in the public city of Gongju-si, one of the F (11 square meters et al., prior to G G, public city of Gongju-si) (hereinafter referred to as “instant contract”).

B. After the conclusion of the instant contract, the Plaintiff and C first agreed to obtain approval of the project plan for the instant project in the name of C, an agricultural partnership that can develop tourist farms pursuant to Article 83(1) of the Rearrangement of Agricultural and Fishing Villages Act, and accordingly, submitted an application for approval of the project plan for the instant project to the project implementer C around September 8, 2015 with the project implementer C.

C Around March 18, 2016, the approval of the project plan for the instant project was obtained from the public market and the approval was obtained on December 20, 2016.

C. The instant case.

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