logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.04.09 2013나10156
사해행위취소
Text

1. The plaintiff, among the judgment of the court of first instance as to the conjunctive claim, falls under the part concerning cancellation and payment order.

Reasons

1. Facts of recognition;

A. On November 17, 2008, the Plaintiff and C filed a lawsuit against C on December 14, 2009 against the Plaintiff seeking the return of legal reserve of inheritance (2) as the Gwangju District Court 2009Gahap141999. On January 13, 201, the Plaintiff was sentenced to the judgment accepting the entire claim from the said court.

C was appealed by the Gwangju High Court as 201Na1254 regarding the above judgment, and on September 23, 2011, the said court rendered a judgment that “C shall pay to the Plaintiff 246,042,907 won and the interest calculated at the rate of 5% per annum from January 8, 2010 to September 23, 201, and 20% per annum from the next day to the date of full payment.”

The above judgment of the appellate court became final and conclusive on October 14, 201 after the lapse of the period of appeal.

B. C’s conclusion of a security trust agreement with respect to each of the instant real estate on March 30, 201, with a loan of KRW 950 million from the Defendant around March 30, 201, as indicated in the separate sheet for securing the above loan obligation (hereinafter “each of the instant real estate”), and each of the instant real estate among them is “each of the instant real estate” according to the sequence listed in the separate sheet for real estate.

The truster C, the trustee, the Defendant, the Defendant of the first priority beneficiary, the profit-making premium amounting to KRW 1.235 billion, and the second priority beneficiary B Co., Ltd. (hereinafter “B”).

(3) The trust contract of this case with profit-making premium of KRW 315 million (hereinafter “instant trust contract”)

(2) The main content of the instant trust contract is as indicated in the attached Form “Contents of the trust contract.”

3) On March 30, 2011, C completed the registration of ownership transfer based on the trust with respect to each of the instant real estate to the Defendant. C. The current status of each of the instant real estate at the time of the instant trust agreement, as to each of the instant real estate, at the time of entering into the instant trust agreement, the registration of ownership transfer with respect to each of the instant real estate as indicated below.

arrow