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(영문) 서울동부지방법원 2017.06.16 2016가단112076
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Each fact described in the separate sheet No. 1 and No. 2 (the existence of the loan claim of this case against B by the foreign exchange bank acquired in succession by the plaintiff, and the assignment of the claim of this case and additional registration of the transfer of mortgage based on the assignment of the right to collateral and the transfer of the right to collateral based thereon, etc.

2. Assertion and determination

A. 1) The Plaintiff asserts as indicated in the ground of claim in the attached Form 1, as the ground of claim in this case, that the transfer of the right to collateral security and the right to collateral security (hereinafter “transfer of claim in this case”) between B and the Defendant constitutes a fraudulent act against the Plaintiff, and seeks revocation of the additional registration of the transfer of the right to collateral security (hereinafter “transfer of claim in this case”). 2) The Defendant asserted that (i) the national bank, which was the transferor prior to the loan claim in this case, was aware of the transfer of the right to collateral security in this case, when investigating the financial status of B around November 21, 2013, and that it could have known that the transfer of the right to collateral in this case was a fraudulent act. Thus, the lawsuit of revocation of the fraudulent act in this case was filed more than one year after the lapse of the period for filing a lawsuit, and (ii) the right to claim in this case was incurred after June 27, 2012 when the Defendant acquired the claim in this case and could not be subject to revocation of the right in this case.

B. The exclusion period of the revocation of the fraudulent act in this case is expired, and the National Bank around November 21, 2013, as alleged by the Defendant, as to whether the revocation of the fraudulent act in this case was brought after the exclusion period and the exclusion period.

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