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(영문) 서울중앙지방법원 2016.11.28 2016가단5039425

사해행위취소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff lent KRW 100,000 to Cheongsung C&D Co., Ltd. (hereinafter “Cheongsung C&D”), around 2012, and had not been reimbursed KRW 84,50,000 among them, filed an application for payment order with the Daejeon District Court on February 19, 2014 (No. 2014Da3137), and “Cheongsung C&D shall pay to the Plaintiff an amount calculated at the rate of KRW 84,50,000 per annum from the day after the original copy of the payment order was served to the day of complete payment.” On March 17, 2014, the payment order was served to CheongsungD on February 28, 2014, which became final and conclusive on March 15, 2014.

B. On the other hand, on May 16, 201, Cheongsung C&D entered into a trust agreement (No. 2011-17 on the trust deed) with Defendant Asset Trust Co., Ltd. (hereinafter “Defendant Trust Company”), which is the trustee, to preserve and manage the trust real estate including the real estate indicated in the separate sheet (hereinafter “instant real estate”) and to settle the trust real estate in the event of nonperformance by the truster or beneficiary Cheongsung C&D, with a view to securing the truster or beneficiary’s obligation or responsibility for the preferential beneficiary. On May 16, 201, Cheongsung C&D entered into a trust agreement on collateral (No. 2011-17 on the trust deed) with the name of Defendant Trust Company on May 17, 2011, with respect to the instant real estate on which the registration of ownership transfer was made based on the trust on May 16, 2011 under the name of Defendant Trust Company.

C. After that, on June 17, 2015, the Cheongsung C&D’s trust company, the trustee, to preserve and manage the trust real estate including the instant real estate, and disposes of the trust real estate when the truster or beneficiary did not perform his/her duty on the part of the truster or beneficiary.