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(영문) 서울고등법원 2018.01.26 2017나19762
사해행위 취소로 인한 소유권말소등기말소
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The plaintiff is a corporation established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to build new buildings in Seongdong-gu Seoul, Seongdong-gu, Seoul to improve the urban and residential environment and to contribute to the improvement of the residential stability and the quality of residential life of its members. C is a person who worked as a director after the registration of incorporation was completed on June 2007, and the defendant is a person who purchased each real estate listed in

B. C’s tort (1) on February 3, 2015, in the instant case, including the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, etc. (combined), the Seoul Western District Court Decision 2014Gohap206, 211, 233 (Joint), 374 (Misappropriation), and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), which served as the Plaintiff’s executive officer, was convicted of imprisonment with prison labor for the following crimes, including five years, fines of KRW 90 million, and KRW 210 million.

As the executives of the plaintiff, the defendants had a duty to properly manage the redevelopment improvement project, such as ordering appropriate construction services related to the redevelopment project and paying service costs according to the nature and nature.

Nevertheless, the Defendants concluded the following service contracts without closely examining the necessity of concluding the relevant service contracts, the appropriateness of the service cost and the timing for payment, etc., and paid all or part of the payments in accordance with the following service contracts:

On September 4, 2009, the Defendants ordered services worth KRW 5,497,50,000 in total, including entering into a contract for flood prevention and removal services on six occasions from July 6, 2010 to October 28, 2013 in the form of a negotiated contract for construction for dismantling asbestos slate, etc. and ② the legal services related to land expropriation ruling.

However, it is true that it dismantles designated wastes such as asbestos.

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