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(영문) 부산지방법원서부지원 2020.10.22 2019가단109597

사해행위취소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On June 27, 2005, the Plaintiff entered into an agreement between D and D operating E, “the Plaintiff shall pay D an advance payment of KRW 200 million to D, collect all kinds of powders calculated by the Plaintiff in E, and as a security therefor, entered into an agreement between D and D on June 28, 2005, with respect to the machinery owned by D, applying for the prohibition of transfer of corporeal movables and provisional disposition.” The Plaintiff paid an advance payment of KRW 200 million to D on June 28, 2005.

D supplied the Plaintiff with a divided steel, etc. in accordance with the foregoing agreement, and began to reduce the supply of the divided steel from the beginning of 2017, and closed down the business after suspending the supply of the divided steel in September 2017.

Accordingly, on June 26, 2018, the plaintiff filed a lawsuit claiming the return of advance KRW 200 million against D as Busan District Court Decision 2018Da303284, and was sentenced to a judgment for the claimant on June 26, 2018, and the judgment became final and conclusive as it is.

1) On May 3, 2014, the Plaintiff filed an application for provisional seizure of corporeal movables with the Busan District Court Decision 2014Kahap638, the amount of KRW 200 million (hereinafter referred to as “instant movable property”) on the basis of the claim for advance KRW 200 million (hereinafter referred to as “the entire kinds of machinery and production facilities owned by E located in Gangseo-gu, Busan Metropolitan City E”, and received a provisional seizure order on May 23, 2014. The Plaintiff is a movable property indicated in the attached list located in Gangseo-gu, Busan Metropolitan City (hereinafter referred to as “instant

D) On July 6, 2016, the first list of the instant movable property was discarded and cancelled.

3) On October 31, 2017, D, with the approval of the court on October 31, 2017, a storage place for the instant movable property except for those for which D obtained approval, is Defendant B Co., Ltd. (hereinafter “Defendant Company”).

() On April 30, 2019, the Plaintiff, a factory owned by Busan Gangseo-gu, changed the instant movable to H. On April 30, 2019, the Plaintiff intended to seize the instant movable by using the final judgment as its executive title at the factory of the Defendant Company, which is not held by the Plaintiff. However, the corporeal movable as to the instant movable on the wind that Defendant C claims ownership of the instant movable.