사해행위취소
1. The judgment of the first instance is modified as follows, including the exchange modification of claims made by the Plaintiff in this court.
1. The reasoning of the judgment of the court of first instance, other than the following, is the same as that of the judgment of the court of first instance, and thus, the same shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff in the second half page 6 of that part is added to "the purpose of business is to manufacture, store, process, etc. fishery food" between "the plaintiff and "the stock company".
At the end of the 3th page 4, “B” is an individual entrepreneur who engages in the business of processing and selling sea products in the trade name of “S.”.
“” shall be added.
Between conduct 1 and conduct 2 of the 4th page, the following shall be added:
【D】
(1) (1) E, including the auction for the instant real estate, applied for a voluntary auction for the instant real estate (Seoul District Court R), and on August 1, 2018, a decision was made to commence the auction on the instant real estate (hereinafter “instant auction procedure”). The instant real estate was sold on July 24, 2019 during the instant auction procedure, and the instant registration of the establishment of the right to collateral security was cancelled on July 24, 2019 due to the sale by voluntary auction.
(2) In the auction procedure of this case, on October 2, 2019, the auction court distributed KRW 363,164,621 to the Defendant who was the mortgagee of this case, the date of the dividend period, and prepared a distribution list with the content that the Plaintiff (the Plaintiff received the provisional attachment order on July 19, 2018) did not distribute to the Plaintiff as the provisional attachment authority.
The plaintiff did not appear on the dividend date.
(3) Meanwhile, on September 23, 2019, the Plaintiff received a provisional disposition order prohibiting payment of the amount of KRW 600,000,000, out of the Defendant’s dividend payment claim against the Republic of Korea regarding the auction procedure of this case (Seoul District Court 2019Kahap 50493), and the said decision was served on the Republic of Korea on September 26, 2019.
No. 2 of the 4th page "11 Certificate" written by "14 Certificate". It shall be written by 14.
- from 14 up to 19 parallels 4 up to 19 parallels shall be done as follows:
【1) Other.