부인결정에 대한 이의의 소
The plaintiff's claim is dismissed.
2. A claim filed by the Chuncheon District Court No. 2017 No. 1 between the Plaintiff and the Defendant for denial.
1. Basic facts
A. B, on April 16, 2015, filed a petition for bankruptcy with the Chuncheon District Court (2015Hadan250), and was declared bankrupt on June 8, 2015.
B. Around January 20, 2014, the Plaintiff entered into a contract with D Co., Ltd. (hereinafter “D”) with respect to the completion of the E-Ground L (hereinafter “instant loan”) (hereinafter “instant construction”) in the original city, and the construction cost was set at KRW 620 million, including the additional construction cost.
C. B completed the registration of ownership transfer on November 12, 2014 with respect to F, among the real estate listed in the attached Table No. 2 B, the instant loan loan in accord with the Plaintiff, instead of paying the said construction cost, and completed the registration of ownership transfer on February 26, 2015 with respect to G and H.
(hereinafter “instant accord and satisfaction”) D.
In the above bankruptcy procedure, the Defendant asserted that the payment in kind in the instant case constitutes an act detrimental to the bankruptcy creditor, and filed a claim for denial with the Chuncheon District Court No. 2017, Feb. 16, 2017.
On November 13, 2019, the said court rendered a decision to deny that “the Defendant shall pay to the Plaintiff 248,571,426 won and interest thereon at the rate of 5% per annum from May 3, 2017 to November 13, 2019, and 12% per annum from the next day to the date of full payment” (hereinafter “instant decision”).
The Plaintiff appealed against the instant decision and filed a lawsuit of demurrer.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 6 through 9, Gap evidence 13, 14, Gap evidence 18 through 21, the purport of the whole pleadings
2. The Plaintiff’s assertion ① was in a situation where, due to the financial shortage, B was unable to complete the instant loan without an accord and satisfaction agreement, and the loan of this case is completed and its ability to secure it.