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(영문) 의정부지방법원 2016.02.02 2010가합8331
사해행위취소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On August 10, 2005, A Co., Ltd. (hereinafter “Bankruptcy”) entered into a contract with Defendant Namyang Transportation Co., Ltd. (hereinafter “Defendant Namyang Transportation Co., Ltd.”) under which the bankrupt transferred 69 buses and its operating rights owned by the bankrupt to the Defendant Namyang Transportation to KRW 2,760,000,000, and Defendant Namyang Transportation paid KRW 1,000,000 as the contract deposit per contract date to the bankrupt, and the remaining amount to be paid within 10 days from the date the transfer approval is granted (hereinafter “instant transfer contract”).

B. In lieu of the payment of the down payment of KRW 1,00,000,000 by the transfer contract of August 10, 2005 of this case, the defendant Namyang Transportation offseted the above KRW 1,00,000,000 against the defendant Namyang Transportation by the bankrupt's claim against the bankrupt. The above KRW 1,00,000,000 against the defendant Namyang Transportation. The bankrupt paid KRW 80,000,000 to the bankrupt on August 9, 2005, and KRW 20,000,000 to the bankrupt on August 10, 2005.

C. On April 24, 2006, Defendant Namyang-ju entered into a contract on the transfer of each bus listed in the separate sheet No. 1 (hereinafter “the transfer contract of April 24, 2006”) with the Defendant Gyeonggi-do Transport Co., Ltd. (hereinafter “Defendant Gyeonggi-do Transport”), and the Defendant Namyang-do Transport entered into a contract on the transfer of each bus listed in the separate sheet No. 1 (hereinafter “instant transfer contract”).

On August 9, 2010, the bankrupt filed the instant lawsuit, and on May 18, 201, submitted to the court the withdrawal of the lawsuit, stating the Defendants’ consent to the withdrawal of the instant lawsuit.

E. A bankrupt was declared bankrupt on December 17, 2012 by the Jung-gu District Court 201Hahap2, and the Plaintiff was appointed as a bankruptcy trustee on the same day.

F. On December 26, 2013, the Plaintiff filed an application for permission to exercise the avoidance power against the withdrawal of the instant lawsuit with the bankruptcy court on May 18, 2011, and obtained permission from the bankruptcy court on December 31, 2013.

On August 14, 2014, the Plaintiff applied for the continuation of the lawsuit and the designation of the date.

[Reasons for Recognition]

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