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(영문) 청주지방법원 2016.10.05 2015가단101764

제3자이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the instant movable assets purchased by C and donated to C, Sejong, Inc., and owned by the Plaintiff by absorbing Sejong, Inc.

B. (1) As to the instant movable property indicated in the Attachment List No. 2 (hereinafter “instant movable property”) among the instant movable property, E, representing D’s representative director, entered into a contract with F, June 19, 2014, for purchasing KRW 5 million, intermediate payment of KRW 8,836,00,00, with the purchase of the instant movable property from F, with the down payment of KRW 8,000,000,000,000,000,000,000,000,000 from the account under the name of C, the fact that the sum of KRW 13,00,000,000 was remitted from the account under the name of C, can be recognized in accordance with the statement No. 2-1, 2, 5-1,

However, it is difficult to believe that C, in light of the description of evidence No. 16, the statement No. 7 No. 7-1 as to the fact that C, a corporation, donated the real estate No. 2 in this case to Sejong A, Inc. (the Plaintiff was merged with the Plaintiff on June 22, 2016, during which the lawsuit in this case is pending, and the Plaintiff took over the litigation in this case, regardless of whether it was before or after the merger; hereinafter referred to as “Plaintiff”).

(B) In addition, according to the evidence evidence No. 16, the defendant showed a move to enforce compulsory execution against G, such as seizure and collection order, with claims against B and B as representative directors, and B established a joint and conclusive management consignment agreement, which is null and void as a joint and conclusive agreement, and it can be recognized that the defendant's property ownership relation of G is unclear with the intent to interfere with the realization of the defendant's claim by receiving tuition fees, etc. from G with the account in D name. In light of this, the second real estate of this case is also deemed to have been purchased in the name of C with the intent to interfere with the realization of the defendant's claim.