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(영문) 울산지방법원 2018.08.16 2017나2946

사해행위취소 등

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's lawsuit against the defendant C shall be dismissed.

3. The plaintiff's defendant B.

Reasons

1. Basic facts

A. On August 21, 2014, the Plaintiff was sentenced to a favorable judgment and received a decision to seize and collect the construction price claim amounting to KRW 2016,201,64 and KRW 20% per annum from February 14, 2013 to the date of full payment, which was rendered against D Co., Ltd. (the trade name at the time of the Plaintiff was changed to D Co., Ltd., on April 17, 2014; hereinafter “D”).

B. On February 19, 2016, Defendant B, with regard to the foregoing judgment amount and the collection order, entered into an agreement on February 19, 2016 with the Plaintiff to pay the following (hereinafter “instant payment note”) and pay off the Plaintiff’s debt to D (hereinafter “instant agreement”).

Each letter of payment: Defendant B 2015TT 6763, the debtor D corporation is obligated to pay 432,403,287 won to the creditor as representative director on the registration of D Co., Ltd. in relation to the case of the seizure and collection order of claims, and as such, the above letter is obligated to pay the debtor D Co., Ltd. to the creditor, the above letter shall pay the amount equivalent to 40% of the individual's income as the top priority until

C. Meanwhile, on March 21, 2016, Defendant B concluded a trust agreement with Defendant C to entrust the instant real estate owned by it to Defendant C, and completed the registration of ownership transfer as the receipt No. 15952 on March 24, 2016.

[Grounds for Recognition] Unsatisfy, each entry of Gap evidence 2 through 5 (including branch numbers for those with a serial number), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Defendant B asserted by the parties to the instant agreement.