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(영문) 인천지방법원 2016.05.11 2014가합54904
사해행위취소
Text

1. The plaintiff's lawsuit against the defendant CA market reconstruction association and the plaintiff's claim for the sale price in attached Form 1-1 is illegal.

Reasons

1. Basic facts

A. The Defendant Union is a market reconstruction association established for the purpose of promoting a reconstruction project of the CA market, which is implemented on the scale of 1,795 square meters in Nam-gu Incheon Metropolitan City CB, and the remaining Defendants are members of the Defendant Union [or members of the Plaintiff Union (hereinafter “CC”).

(i) a purchaser of the right of sale; hereinafter referred to as “members, etc.”) is a purchaser of the right of sale.

B. On June 27, 2008, the Plaintiff entered into the first joint project agreement with the Defendant Union and the Defendant Union to newly constructCC as a joint project proprietor. However, on the said land provided by the Defendant Union, the Plaintiff entered into a contract with the Defendant Union to newly constructCC by setting the construction cost as KRW 16,641,480,00 (excluding value-added tax) and the construction period as “24 months from the date on which it is possible to actually start the construction work” (hereinafter “the first joint project agreement”).

() On August 31, 2008, the Defendant Union held an extraordinary general meeting and approved the first joint project agreement. The said first joint project agreement was concluded between the Plaintiff and its members by means of equity covering construction costs and business expenses from the sales price and the general sales price. 2) On February 17, 2009, the Plaintiff entered into a contract for the second joint project with the Defendant Union to newly construct the contract by setting the construction cost as the contract amount, such as the first joint project agreement, as the construction cost, as the first joint project agreement, and the construction period as “27 months from the commencement date of construction”.

(hereinafter referred to as “the second construction contract”). C.

On the other hand, each defendant entered the sales contract in the column of the parties to the sales contract following the conclusion of the sales contract, shall enter each defense room in the same table column between the defendant and the union before and after the second construction contract, such as the share of the union members' rights, each part payment on the agreed date, and the remainder on the agreed date.

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