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(영문) 대구지방법원상주지원 2016.08.25 2016가합2211

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 3, 2012, the Plaintiff’s monetary claim against the Plaintiff Company B was prepared and issued a notarial deed stating that “The Plaintiff has a monetary claim of KRW 550 million in total,00,000,000,000,000,000,000,000 won for the transfer of shares B to B and C, and KRW 220,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000)” (hereinafter “instant notarial deed”).

B. On December 10, 2014, the Defendant, who was engaged in the sales contract and the manufacturing of scrap scrap prior to the registration of the instant real estate between B and the Defendant, concluded a sales contract to purchase the instant real estate from B for KRW 1.55 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer on December 29, 2014.

C. B’s debt excess B did not have any particular property other than the instant real property at the time of the instant sales contract, and was in excess of the obligation as of the date of the closing of the instant sales contract and the instant argument

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 6 (including branch numbers, hereinafter the same shall apply), Eul evidence 6 and 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Defendant sold the instant real estate, which is the only real estate under the status of excess of the obligation, and transferred the registration of ownership transfer to the Defendant, which constitutes a fraudulent act against the Plaintiff, who is the creditor of B.

Accordingly, the plaintiff seeks the cancellation and restitution of the sales contract between B and the defendant.

B. (1) Determination 1) The portion of the stock transfer price of KRW 330 million against the Plaintiff’s claim under the instant notarial deed against B is first considered as to the part of KRW 330 million among the claim under the Plaintiff’s notarial deed against B.

In respect of the immovables owned by the principal obligor or a third party, the right to collateral security has been established in the future of the obligee, and the maximum amount thereof.