beta
(영문) 춘천지방법원 강릉지원 2018.04.11 2017가단32035

사해행위취소

Text

1. The plaintiff's main claim is dismissed.

2. Upon the Plaintiff’s ancillary claim:

A. Attached Form C between the defendant and C

Reasons

1. Facts of recognition;

A. On June 12, 2015, the Plaintiff filed a lawsuit against C and D seeking damages, etc. under this Court 2015Gahap5371.

Accordingly, on May 23, 2017, the court held that "D shall pay the Plaintiff damages amounting to KRW 530,000,000 and damages for delay thereof," and that D shall deposit KRW 280,000,000 on April 6, 2015 on the ground of the repayment of debts to C; and that the payment of KRW 350,000,000 to April 9, 2015 is an act of assuming liability with false representation, which is null and void; D shall have the right to claim the return of unjust enrichment of KRW 630,000 against C; D shall have the right to claim the return of unjust enrichment of KRW 630,00 against the Plaintiff on the ground that it was insolvent until May 2, 2017, which was the time of the closing of argument; D shall have dismissed the judgment of the Plaintiff and the Plaintiff’s damages amounting to KRW 530,000,00,000 from April 10 to 23, 2015.

B. On October 11, 2016, C entered into a contract with the Defendant to lease each of the instant real estate with the lease deposit amount of KRW 150,00,000,000, and the lease period from October 11, 201 to October 10, 2021. On October 12, 2016, C entered into a contract with the Defendant for lease with the lease deposit amount of KRW 150,00,000,000 under the name of the Defendant as of October 12, 2016, and the term of lease was registered for the lease of chonsegwon (hereinafter “instant lease on a deposit basis”).

C. The Defendant asserted that the requirements for setting up against the right to lease of commercial buildings (delivery and business registration) were satisfied in the procedure of compulsory auction (this Court E) on each of the instant real estate, and filed a report on the lessee’s right to lease and demand for distribution, and filed a report on the lien of KRW 250,000,000, the said construction cost.

On June 23, 2017, the defendant made a registration of preservation of ownership on the second floor detached house in the land listed in the attached Table No. 1 of the attached Table.

[Ground of recognition] dispute.