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(영문) 서울중앙지방법원 2015.05.01 2014가합569887

채권확정

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 2007, the non-party Han-gu Construction Co., Ltd. (hereinafter “Korea-do Construction”) contracted the construction of golf courses and other auxiliary facilities by the non-party Yangsan Confectby the Co., Ltd. (hereinafter “Yansan Confectby”). On October 16, 2009, in order to secure the claim for the cost of the construction of the said construction, the non-party Yang Confect by entering into each transfer contract for the construction of a golf course and other ancillary facilities, and was handed over by the method of possession or amendment of each of the above items on December 31, 2009.

B. On February 17, 2010, the Plaintiff executed a seizure of corporeal movables on each transfer security of the above transfer security, except for automobiles and construction machinery that cannot be subject to seizure of corporeal movables.

C. On March 5, 2010, Sora Construction filed a lawsuit with the Plaintiff against the third party (Ulsan District Court 2010Kahap1568) by asserting that the subject matter of the above seizure execution was owned by Hando Construction as a mortgagee. On April 5, 2010, the Plaintiff filed a lawsuit seeking revocation of the fraudulent act by asserting that each of the above security transfer contracts was a fraudulent act (the same court 2010Gahap2400, hereinafter referred to as the “related lawsuit”) against the former construction in progress.

On January 4, 2011, when the rehabilitation procedure (Seoul Central District Court 2010 Gohap144) was initiated for Sod Construction, and thereafter the relevant lawsuit was taken over after appointment of Sod Construction Manager B on the same day. On May 19, 2011, the first instance court dismissed the entire principal lawsuit of the above administrator on the ground that each of the above security transfer contracts constitutes fraudulent act, and accepted the plaintiff's counterclaim in full, and sentenced the lawsuit cost to the effect that the above administrator bears the burden of all the principal lawsuit and counterclaims.

(e)the manager of Hando Construction shall be the supervisor.