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(영문) 대전지방법원홍성지원 2017.09.14 2017가합527

사해행위취소

Text

1. Revocation of a business transfer and takeover agreement concluded on February 12, 2016 between the defendant and D.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) D issued and delivered, to E on January 17, 2013, the date of payment, and the amount of face value KRW 200 million. If the payment of the above Promissory Notes is delayed on the same day, a notary public, who recognizes compulsory execution, prepares and delivers a notarial deed of Promissory Notes No. 42 of 2013 as a law firm’s free will.

B) On January 18, 2016, the Plaintiffs recovered KRW 73,462,713 of the total amount of claims by compulsory execution of D’s bonds, movable property, etc.

2) On February 12, 2016, D entered into a contract with the Defendant to transfer all kinds of corporeal movables and business rights in F and G at the time of strike (hereinafter “instant corporeal movables, etc.”) to KRW 83,500,000 (hereinafter “instant acquisition agreement”).

B) D was running a business at a location by leasing F, G, and a building on land from H in the Haju-si. However, upon the consent of H on February 16, 2016, D changed the lessee of the land and the building on the ground to the Defendant with the consent of H. 3) as of the time of the instant acquisition agreement, D did not have any specific property except the instant corporeal movables transferred to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

B. According to the above facts, it is reasonable to view that at the time of the acquisition agreement of this case, the plaintiffs' claims against D had already been established, and D had already been in excess of obligations at the time of the acquisition agreement of this case.

D The act of transferring the corporeal movables, etc. of this case, which are active property under excess of debt, to the defendant is subject to creditor's right of revocation in relation to the plaintiffs, who are general creditors.