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(영문) 의정부지방법원 2021.01.28 2020나204224

사해행위취소

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The judgment of the first instance is revoked.

2. On December 6, 2017, with respect to private taxi transport business between C and the Defendant as indicated in the separate sheet.

Reasons

1. Basic facts

A. C around April 2017, each of its obligations owed KRW 97,000,000 to the Plaintiff and KRW 29,00,000 to D.

B. On May 24, 2017, the Plaintiff purchased in KRW 126,00,00 from C a private taxi transport business (hereinafter “private taxi transport business of this case”) and the vehicles officially used therefor (hereinafter “the instant vehicle”) from C, and 97,00,000 out of the said payment, the Plaintiff entered into a contract of transfer and acquisition with C, with the purport that the Plaintiff will substitute the Plaintiff’s acquisition of the obligation as stated in the foregoing paragraph (A) against C, for the remainder of KRW 29,00,000,000,000 from the said payment.

On June 2, 2017, the Plaintiff paid KRW 29,000,000 to D as above.

(c)

On June 5, 2017, the Plaintiff and C received an application to authorize the transfer or acquisition of the instant private taxi transportation business for the purpose of high viewing.

However, on June 14, 2017, C unilaterally accepted the application for authorization at the high-speed viewing without the Plaintiff’s consent.

(d)

The Plaintiff filed a lawsuit against C on August 11, 2017 against the Plaintiff seeking a disposition of the gold price for the instant license for private taxi transport business (Seoul District Court High Court Decision 2017 Ma 101248). In addition, the Plaintiff filed a lawsuit against C on February 8, 2018 against the Plaintiff seeking the procedure for changing the name of the instant private taxi transport business and the implementation of the procedure for the registration of ownership transfer concerning the instant vehicle. The said judgment became final and conclusive through the appellate court (Korean High Court Decision 2017Kayang Branch 83597, Goyang Branch 2018Na 203655). C on February 3, 2018, the said judgment became final and conclusive through the appellate court (Korean High Court Decision 2018Da 203655).

On December 6, 2017, when the first instance trial of the lawsuit as stated in the claim was in progress, the Defendant and C entered into a transfer and takeover contract with the Defendant to transfer the private taxi transport business of this case to the Defendant in KRW 116,00,000 (hereinafter “instant contract”).

The contract of this case shall be executed.