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(영문) 서울중앙지방법원 2015.04.02 2014가합26731

사해행위취소 및 원상회복 등

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From December 14, 2012, the Plaintiff, from around December 14, 2012, sold a free market-rating amount to C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and suspended the transaction around May 24, 2013. The unpaid goods payment obligation against the Plaintiff was KRW 544,012,976, except for the amount repaid by the Nonparty Co., Ltd.’s debtor through provisional seizure of claims.

B. Around March 4, 2013, the father B, who is the actual operator of the non-party company, agreed that the Plaintiff and the non-party company’s commercial credit will assume joint and several liability within the limit of 600 million won.

C. The Plaintiff filed a lawsuit against B seeking the payment of the above goods price and damages for delay within the extent of KRW 2013Gahap4628,000,000, jointly and severally with the Nonparty Company. On April 1, 2014, B accepted the claim.

Meanwhile, on the other hand, on March 8, 1986, the real estate of this case was registered as the deceased F (Death around September 201), the Defendant’s husband, completed the registration of ownership transfer on the grounds of “sale on March 4, 1986.” On November 19, 1987, B completed the registration of ownership transfer on the grounds of “sale on November 19, 1987” (hereinafter “the registration of ownership transfer”). On September 29, 1998, the Defendant entered the provisional attachment as Seoul Central District Court’s registry No. 63051, Sept. 29, 1998 (hereinafter “the provisional attachment”). The Plaintiff received the provisional attachment order as Seoul Central District Court No. 2013, Nov. 23, 2013; and the provisional attachment order as Seoul Central District Court No. 21301, Sep. 21, 2013 (hereinafter “the provisional attachment”).