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(영문) 부산지방법원 2016.05.12 2014가합16329

사해행위취소 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From March 9, 2009 to C (hereinafter “C”), the Plaintiff was in continuous business relationship with C, including delivery of gold paper produced upon request for production of gold paper from C (hereinafter “C”) and payment of the price with promissory notes.

B. The Plaintiff’s claim for the purchase price of goods against C reached KRW 450 million around May 2014. Accordingly, upon concerns of C’s management deterioration, C prepared and issued to the Plaintiff a written notice of payment to the Plaintiff, the creditor, and D to pay the amount of KRW 450 million up to October 15, 2014, according to the concerns of C’s management deterioration.

C. After that, according to C’s bill registry book, the Plaintiff applied for a payment order to C and E, the representative director of C on October 13, 2014 with Busan District Court 2014 tea14082, and received a payment order ordering payment of damages for delay calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to October 16, 2014. The above payment order was finalized on November 12, 2014 after it was served to C on October 28, 2014.

On the other hand, on September 29, 2014, C concluded a sales contract (hereinafter “instant sales contract”) with the Defendant on each of the real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, C completed the registration of ownership transfer (hereinafter “each of the instant registrations”) on September 29, 2014 with the Busan District Court Seoha Office No. 3530, Sept. 29, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 6 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion constitutes a fraudulent act to sell the real estate of this case, which is the only property of C, to the defendant and complete the registration of the defendant in the future. Thus, the cancellation of the sales contract of this case and the implementation of the procedure for cancellation of each registration of this case to its original state