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(영문) 수원지방법원 2021.03.25 2019가단546415
사해행위취소
Text

Defendant B Co., Ltd. 144,00,000 won for the Plaintiff and 5% per annum from June 27, 2017 to January 8, 2020.

Reasons

A. A contract under which a building I (hereinafter “the instant contract”) is to be sold in lots (hereinafter “the instant building”) was concluded, and the main contents are as follows.

A (hereinafter referred to as "B") of an applicant A (hereinafter referred to as "B") who is a supplier of a neighborhood living facility (hereinafter referred to as "this project") scheduled to be newly built in G at the time of industrialization of the investment agreement, shall enter into an investment agreement (hereinafter referred to as "this agreement") as follows, in order to have the object of sale of this project sold in lots:

Article 1 [Purpose] The purpose of this Agreement is to indicate the intent of investment in connection with the project carried out by A and thereby to enter into an agreement for investment amounts, investment profits, etc.

Article 2 [Investment Amount and Payment Account] Investment Amount - Investment Period - Investment Period - Investment Terms and Conditions - Terms and Conditions - Terms and Conditions Governing in Contract for Sale at the time of G Construction License - Terms and Conditions - Terms and Conditions - Article 4 [Distribution of Investment Amount and Self-Income from Sale in Kind 18,000,000 won per square 18,000 won per square n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n 2,00,000) n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n

GI Article 5 [Effect of a Request for Purchase] (2) In the event of refund of a request for purchase due to the termination of this Agreement, it shall be deposited into the account designated by B or B, and this Agreement shall be deemed terminated.

Article 6 [The Grounds for Termination] (1) This Agreement may request the termination of a contract between A and B in the event that any of the following grounds arises, and may not raise any objection among them:

(a) Where Eul does not comply with the contract for sale in lots within the period notified by Gap;

B. A has become unable to carry out the project due to the failure to obtain permission, such as building permission and report of sale (approval). (2) If A fails to carry out this project, A shall issue a sales contract (D building portion) to B, and then sell the contract.

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