사해행위취소에 의한 가액반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 29, 2008, the Plaintiff received a provisional attachment order with the Suwon District Court 2008Kadan10831 on the claim amounting to KRW 20 million with respect to the claim amounting to D (hereinafter “instant claim for construction price”). The provisional attachment order was served on D on September 4, 2008.
(2) On July 10, 2009, the Plaintiff received the seizure and collection order from the Suwon District Court 2009TTT9730, which transferred the provisional seizure to the original seizure. The above seizure and collection order were served to D around that time.
After that, on January 22, 2010, the Plaintiff applied for the cancellation of the execution of the above seizure and collection order, and notified D of the cancellation of the attachment.
(3) Meanwhile, on September 28, 2009, the Plaintiff received a seizure and assignment order of the claim amounting to KRW 45,263,868 on the instant claim amount, based on the original copy of the judgment with executory power in the construction cost case of Suwon District Court Decision 2008Da114379 against Lee Jong Construction Co., Ltd., which issued a seizure and assignment order of the claim amounting to KRW 45,263,868 on September 28, 2009. The said assignment order was served on October 1, 2009, and was served on Lee Jae Construction Co., Ltd. on October 12, 2009 and became final and conclusive on October 20, 209.
(4) On October 7, 2009, the Plaintiff filed a lawsuit against D as Suwon District Court 2009Kadan82394, but withdrawn the lawsuit on March 12, 2010, and thereafter filed a lawsuit against D as Suwon District Court 201Kadan74259, but the judgment of losing the assignment order on the grounds that the assignment order becomes null and void due to competition of seizure was declared as final and conclusive.
(5) Meanwhile, on October 7, 2008, C received a provisional attachment decision of KRW 30,50,000 as Suwon District Court Decision 2008Kadan12286 with respect to the claim amount for the construction payment of this case, and the provisional attachment decision was served on D on October 13, 2008.
C On June 4, 2009, Suwon District Court 2009Kadan9313 against E exchange Construction Co., Ltd.