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(영문) 서울중앙지방법원 2015.05.20 2014나64225
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. Of the instant lawsuit, the part seeking revocation of fraudulent act and restitution to its original state.

Reasons

1. Basic facts

A. A. Around August 2007, the Plaintiff invested KRW 500,000 with a share investment to E and invested KRW 300,000,000. Of them, the Plaintiff filed a lawsuit against E seeking the payment of an agreed amount under the Seoul Northern District Court 201Kahap4760, and was sentenced on February 22, 2012, the Plaintiff rendered a judgment that “E shall pay to the Plaintiff KRW 300,000 per annum from December 4, 2010 to June 20, 201; and KRW 5% per annum from the next day to the date of full payment.”

On December 20, 2012, the appeal was dismissed, and the above judgment became final and conclusive around that time, as the appeal period has expired.

B. On March 28, 2011, before filing the said lawsuit (Seoul Northern District Court 201Gahap4760), the Plaintiff filed a provisional attachment with the Seoul Northern District Court 201Kadan1692 on the shares of deposited securities (hereinafter “instant securities”), and received a decision to accept it from the said court on April 12, 2011.

On February 22, 2012, the Plaintiff was ordered to seize and sell the shares of deposited securities transferred from the provisional seizure (Seoul Northern District Court 201Kadan1692) to the provisional seizure (Seoul Northern District Court 201Kadan1692) on August 17, 2012, using the claimed amount as KRW 377,415,101 based on the executory exemplification of the judgment on August 17, 2012, with the claim amount of KRW 377,415,101 based on the executory exemplification of the judgment.

C. Meanwhile, in order to repay the loan to the Defendants, E prepared and issued a notarial deed (hereinafter “each notarial deed of this case”) to Nonparty F in order to refund the principal and interest of the investment as follows:

The Defendants were ordered to attach each of the instant securities with each of the instant notarial deeds, as follows:

1. Defendant B is the Seoul Northern District Court with the amount claimed on March 2, 2012 as KRW 300 million.

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