logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.07.01 2018가합2551
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Attached 1 list 1 B (hereinafter “instant 1st workshop”) 1 B signed around August 2016 to sell the instant 1st workshop to C (hereinafter “instant 1 sales contract”).

the same month.

8. C has completed the registration procedure for change of ownership with respect to the other person of the workshop in question.

2) On September 19, 2016, C completed the registration procedure for the change of ownership with respect to the instant 1st workshop to the Defendant. B. The instant 2st workshop as shown in the attached Table 2 (hereinafter “instant 2st workshop”).

B) On September 9, 2016, a contract under which the Defendant sells the instant two other workshops to the Defendant for KRW 120,000,000 (hereinafter “instant two sales contract”).

(3) On August 1, 2017, the Plaintiff filed an application with B for a payment order seeking reimbursement pursuant to a credit guarantee agreement with the Jeonju District Court 2017 tea7045 against the Defendant on the 19th day of the same month. On the 19th day of the same month, the Plaintiff issued the Plaintiff a payment order for KRW 300,878,527 among the KRW 304,615,628 and delay damages for KRW 300,878,527 among the KRW 300,628 and the said KRW 300,878,527. The above payment order became final and conclusive as it is. [In the absence of any dispute over recognition, evidence Nos. 1, 3-1, 2, and 1, the purport of the entire pleadings, as well as the purport of the entire arguments.

2. Determination as to the cause of action

A. The plaintiff asserted that the plaintiff of the parties made the sales contract of this case 1 and 2 under the status of excess of debt B and completed the registration procedure for the change of the owner. The sales contract of this case 1 and 2 shall be revoked as it constitutes a fraudulent act, and the defendant has a duty to restore the case 1 and 2 to the original state.

In regard to this, at the time of the sales contract of the instant 1 and 2, the Defendant was set up a collateral security for the instant 1 and 2 others, respectively, and the amount of the secured debt exceeds the value of the other persons.

arrow