logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.02.01 2018나28138
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 11, 2017, the Plaintiff filed a lawsuit against C with respect to the claim for the amount of money (Seoul East Eastern District Court 2017 Ghana362735) and obtained a judgment from the above court that “C shall pay to the Plaintiff 5,236,325 won with interest of 39% per annum from March 8, 2017 to the date of full payment, and the said judgment became final and conclusive around that time.”

(B) The Plaintiff’s claim against C based on the above judgment (hereinafter “instant claim”).

C. D on April 9, 2007, completed the registration of ownership transfer with respect to 1/2 shares among the real estate listed in the separate sheet (hereinafter “instant real estate”), and C completed the registration of ownership transfer with respect to 1/2 shares (hereinafter “A shares”) and C completed the registration of ownership transfer with respect to 1 shares to the Defendant on February 29, 2008, and D completed the registration of ownership transfer with respect to 2 shares on July 14, 2010.

After that, on October 13, 2014, C completed the registration of transfer of ownership on the ground of “sale on September 7, 2014” (hereinafter “instant sales contract”) with respect to the secondary shares to the Defendant on September 7, 2014.

C. Meanwhile, on April 9, 2007, C and D completed the registration of the establishment of a neighboring mortgage of KRW 300,000,000 with respect to the whole real estate of this case to E Co., Ltd. (hereinafter “E”), and “the right to collateral security under the name of E” is the right to collateral security of this case.

(D) On May 7, 2013, C had completed the registration of creation of a mortgage over the amount of KRW 250,000,000 with respect to the second share, which is one of its own shares, at the time, to F.C. At the time of entering into the instant sales contract, the amount of the secured debt regarding the instant right to collateral security is KRW 250,000,000, and the value of the instant real estate is KRW 455,000,000 with the value of KRW 227,50,000 (=45,000,000 x 1/2). [Grounds for recognition] There is no dispute; Party A’s 1 through 5, and 7 evidence (including the serial number; each entry; the results of the financial transaction transaction report to E by the court of first instance; and

arrow