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(영문) 서울서부지방법원 2015.12.03 2014가단226133
사해행위취소
Text

1. Defendant A Co., Ltd.: (a) KRW 123,381,360 to the Plaintiff and 6% per annum from April 23, 2015 to December 3, 2015.

Reasons

1. Facts of recognition;

A. On May 1, 2012, the Seocho-gu Seoul High School owners (hereinafter “the owners of the instant loan”) awarded a contract for the construction of reconstruction of the existing eight household loan to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) into 12 apartment houses, and the main contents of the said contract are as follows.

Standard contract for private construction works

1. Name of construction: Seocho-gu New Construction Corporation;

3. Date of commencement: May 1, 2012.

4. Date scheduled for completion: August 30, 2013.

5. Contract amount: 1,893,500,000 won (excluding value-added tax); 10. Other matters.

(b) The construction cost shall be paid in divided land, and the members E in charge of construction shall be responsible for the financing of the construction cost, and the shares of land division shall be designated as members E and those of E, who have raised the construction cost, as persons having authority to acquire land division shares.

(c) 400 million won of cooperative contributions shall be jointly paid to A Co., Ltd.

Subcontract construction costs by process may be paid directly by members E and B of a right holder for land division.

Article 8 (Limit of Liability for Termination of Provisional Registration) of the contents of the special agreement (Article 8 (Limit of Liability for Termination of Provisional Attachment, Provisional Attachment, and Provisional Registration) ① On February 17, 2005, the Seoul Central District Court's decision of provisional attachment (2005Kadan151) on February 17, 2005, shall be liable for termination of provisional attachment of two creditors of the creditors of the Seoul Central District Court(201,50,000, 200

B. On November 24, 2012, Defendant Company awarded a subcontract to the Plaintiff on the part of the re-building construction works of apartment units with the construction cost of KRW 205,00,000 (excluding value-added tax) and 30 days from the commencement date of the construction period.

C. Around February 26, 2013, the Plaintiff completed the instant construction and received payment of KRW 137,000,000 from the Defendant, and the Plaintiff did not perform the cruel construction of outer walls during the instant construction.

The owner of the instant loan on April 9, 2013, which was after the completion of the reconstruction construction of the said apartment, shall own 45.203/1098 shares of the said land.

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