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(영문) 대전고등법원 2015.10.21 2014나4062
사해행위취소
Text

1. All appeals by the Defendants are dismissed.

2. The Defendants shall bear the total costs of the lawsuit after filing the appeal.

Reasons

1. Basic facts

A. AV reconstruction housing association (hereinafter “inward association”)

The Daejeon Jung-gu Daejeon District Court Decision 3,305.8 square meters (hereinafter “instant land”).

(2) If a cooperative provides the instant land as a construction site on December 16, 2003, the non-party association established to construct a main apartment complex on the ground, and the non-party association constructed a main apartment complex on the ground level with the size of the second floor above the ground level above the ground level and the 12th floor above the ground level above the ground level, and transferred the above land price to the members of the association from the fourth to the 12th floor above the ground level, and transferred the remaining second floor to the third party from the second floor above the ground level to the third party and allocated the proceeds therefrom to cover the construction cost.

3) On June 24, 2004, the head of the Gu in Daejeon Metropolitan City approved the project implementation plan for reconstruction apartment on September 15, 2004, and around October 2004, AY and Logs Development commenced construction in accordance with the above agreement. However, around April 8, 2006, the representative director of AY gave up the construction work on April 8, 2006, and issued a written statement to the non-party association to the effect that the AY’s representative director gave up the construction and construction work on April 8, 2006. The non-party association entrusted the construction work of the above main apartment to the third party and completed the construction, and the non-party association entered into an agreement with AY that the ownership of the portion of the above main apartment building shall be transferred to the Plaintiff Construction Corporation and the Plaintiff Construction Corporation (hereinafter “AB”) on October 31, 2006 to complete the reconstruction of the apartment complex on the above main apartment.

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