사해행위취소 등
1. The part concerning the claim for revocation of the fraudulent act among the lawsuits in this case is dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. Basic facts
A. From February 10, 2012, the Plaintiff was sentenced to a judgment ordering the payment of KRW 400 million and the delay damages for the loan claim lawsuit filed against C (Seoul Western District Court Decision 201Gahap474) to the Seoul Western District Court.
B. On July 30, 2008, the Defendant: (a) lent KRW 23 million to C; (b) received the instant corporeal movables equivalent to KRW 23 million from Yongsan-gu Seoul Metropolitan Government and KRW 1509 (hereinafter “instant corporeal movables”); (c) filed an application against C for provisional injunction against the transfer of corporeal movables, the right to request the transfer of corporeal movables as the right to be preserved, and (d) completed the execution of the provisional injunction against the instant corporeal movables on February 22, 2012 upon receipt of the provisional injunction citing it on February 14, 2012.
C. On November 13, 2012, the Plaintiff withdrawn the lawsuit in the appellate trial of the said lawsuit, and again filed the same lawsuit against C (Seoul Western District Court 2015Gahap3686), and sentenced to a judgment ordering the payment of KRW 400 million and the delay damages therefor on January 20, 2016, the Plaintiff seized the corporeal movables in Yongsan-gu Seoul Metropolitan Government and 1509 on April 8, 2016, but was notified by the enforcement office that it would delay the auction procedure until the main case of the instant provisional disposition becomes final and conclusive.
In the instant provisional disposition filed by the Defendant against C, the conciliation was concluded on December 26, 2016 from the principal lawsuit against C on the instant provisional disposition (the District Court Decision 2016Da35499) and the Defendant was handed over corporeal movables from C on January 5, 2017.
【Grounds for Recognition】 Each entry of evidence Nos. 1-3, 5, 6, 9-11, and the purport of the whole pleadings
2. The assertion and judgment
A. Since a monetary loan agreement concluded on July 30, 2008 between the Plaintiff’s assertion and C is a fraudulent act, it should be revoked.
In addition, in light of the fact that the items of seized corporeal movables by the Plaintiff on April 8, 2016 fall short of the items of the instant corporeal movables and their dimensions, etc. are different, C is the instant case.