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(영문) 수원지방법원성남지원 2013.11.13 2012가합21504

소유권말소등기 등

Text

1. Defendant B’s KRW 282,981,150 as well as 5% per annum from November 29, 2012 to November 13, 2013 as to the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff’s claim against Defendant B (i) operated the “I” to supply chemical drugs. The Plaintiff supplied chemical drugs to Defendant B from around 1999 to December 22, 2009 and had a claim for the purchase of goods amounting to KRW 922,981,150 against Defendant B as of December 31, 2009. (2) The Plaintiff transferred the claim amounting to KRW 320,000,000 out of the above product price claim to Taesung Co., Ltd. on December 8, 2009, and notified Defendant B of the transfer of the claim amount to Defendant B on February 22, 2010, the above notice was issued to Defendant B around that time.

3) On November 21, 201, the Plaintiff: (a) transferred each claim of KRW 200,000,000 out of the above claim for the price of the goods, and KRW 120,000,000 out of the above claim for the price of the goods to K; (b) notified each of the above claims to Defendant B on November 22, 201; and (c) each of the above notifications reached Defendant B around that time; (d) as of November 21, 201, the Defendant B did not have any property, and thus, was insolvent.

B. Defendant C completed the registration of transfer of ownership on the instant real estate: (a) the registration of transfer of ownership was completed on November 21, 2005 with respect to the real estate listed in the [Attachment List No. 4 (hereinafter “factory Building of this case”) located in Gyeonggi-do, Gyeonggi-do, and Gyeonggi-do, where Defendant D owned on November 21, 2005; and (b) the registration of transfer of ownership was completed on December 29, 2005 by receipt No. 27774 on December 29, 2005; (c) each real estate listed in the [Attachment No. 1, 3, and 51 square meters prior to the Gyeonggi-do, Gyeonggi-do NN on November 21, 2005 on December 29, 2005, as the registration of transfer of ownership was completed by the Jung-gu Government District Court’s Seoul District Court’s receipt on December 29, 2005.

C. On March 28, 2006, the land was divided into real estate listed in paragraph (7) of the same list as the real estate listed in paragraph (2) of the attached Table, and the real estate listed in paragraph (6) of the same list as the real estate listed in paragraph (2) of the same Table, and (2) the real estate listed in paragraph (6) of the same list as the real estate listed in paragraph (8) of the same list,

Each entry in the separate sheet below hereinafter.