(영문) 부산지방법원 2018.12.21 2017가단334441

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(영문) 부산지방법원 2018.12.21 2017가단334441

사해행위취소

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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. The Plaintiff filed a lawsuit against Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) with Busan District Court 2016Kadan27081. On January 20, 2017, the said court rendered a favorable judgment against the Plaintiff that “The Plaintiff shall pay to the Plaintiff 41,127,276 won and interest calculated at the rate of 20% per annum from January 28, 2014 to the date of full payment.” The said judgment became final and conclusive around that time.

B. On November 20, 2014, the non-party company (a sales contract between the non-party company and the defendant) is an international asset trust company (hereinafter “international asset trust”).

B) As between the non-party company and the real estate listed in the separate sheet owned by the non-party company (hereinafter “instant real estate”).

As to the non-party company, the International Savings Bank (hereinafter “International Savings Bank”) that lent KRW 284 million to the non-party company.

(2) On March 11, 2015, the non-party company entered into a sales contract (hereinafter “instant sales contract”) with the Defendant with respect to the instant real estate with the real estate amounting to KRW 329 million, and on May 21, 2015, entered into an international asset trust agreement with the first beneficiary, and completed the registration of ownership transfer with respect to the instant real estate under the name of an international asset trust and the registration of ownership transfer with respect to the non-party company in the name of an international asset trust on the grounds of the attribution of trust property, and completed the registration of ownership transfer with respect to the instant real estate due to the said sale.

C. On May 21, 2015, regarding the instant real estate after the registration of the establishment of a neighboring mortgage, the establishment of a mortgage over the maximum debt amount of KRW 285.6 million in the future, and the Busan Mine Credit Union (hereinafter referred to as the “the maximum debt amount of KRW 26 million”) was completed in the future. Moreover, on June 1, 2015, the maximum debt amount of KRW 40 million in the future.

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