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(영문) 창원지방법원 2018.02.07 2017나53337
사해행위취소등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff's final and conclusive judgment against the non-party B (the previous title financial corporation) filed a lawsuit against the plaintiff Eul with the Busan District Court 2009Kahap18666, and the court of the first instance decided on December 3, 2009 that "the defendant B shall pay to the plaintiff 498,945,205 won and 35,000 won among them, 460,000 won with 30% interest per annum from June 26, 1998, 460,000 won from June 27, 1998 to the day of full payment." The above judgment was finalized on December 29, 2009.

(hereinafter referred to as the “instant judgment claim”). B.

Attached Form

1) The change in the right to real estate recorded in the list shall be 8,231m2 (hereinafter referred to as the “instant real estate”) of Jin-gu, Jin-gu, Changwon-si.

(B) 2/9 shares owned by B (hereinafter referred to as “instant shares”)

(2) On April 22, 2013, the Busan District Court Decision 2013Kadan3786, which is the Plaintiff as the Plaintiff, the provisional attachment order of the Busan District Court 2013Kadan3786, ② on June 10, 2013, the provisional attachment order of the Busan District Court 2013Kadan5353, which is the creditor Korea Technology Finance Corporation, was issued, and the provisional attachment registration was completed accordingly. 2) The Busan District Free Economic Zone Authority notified the Busan of the compensation plan that it expropriates the land including the instant real estate in the process of implementing the development project around September 30, 2015. On October 27, 2015, the Korea Technology Finance Corporation requested the Busan District Court Branch 2015MoMo158,000,000,000 won, and the above provisional attachment order was accepted.

3) On the other hand, on November 3, 2015, B sold the instant shares to the Defendant at KRW 149 million. The main contents of the instant sales contract are as follows (hereinafter “instant sales contract”). Of the following, the part concerning the right to collateral security is “the instant contract to collateral security.”

f.F.

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