logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.11.07 2017가단214451
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. The Defendant and the Intervenor joining the Defendant concluded on November 19, 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff’s Intervenor’s Intervenor’s Intervenor (hereinafter “Supplementary Intervenor”)’s claim 1) D (hereinafter “stock company” in the name of each company is omitted.

(2) On May 4, 2004, the lower court held that “The Intervenor and E shall jointly and severally pay KRW 41,683,191 to the Plaintiff” (hereinafter “the first prior suit judgment of this case”) filed a lawsuit against the Intervenor, etc. on the grounds that “The Intervenor and E shall jointly and severally pay KRW 41,683,191 to the Plaintiff.”

(2) On May 28, 2004, the above judgment became final and conclusive on May 28, 2004, D had its trade name changed in sequence to F Bank, A, and A was declared bankrupt on September 26, 2013 by Busan District Court Decision 2013Hahap16, and the Plaintiff was appointed as bankruptcy trustee.

3) On April 15, 2014, the Plaintiff filed an application for payment order against the Intervenor, etc. seeking the same payment as the above judgment for the interruption of extinctive prescription of the judgment rendered in the first suit in the instant case (Seoul District Court 2014Guj5705). On October 17, 2014, the Plaintiff was transferred to litigation proceedings subsequent thereto, and the Plaintiff won the judgment rendered in favor of the Plaintiff on October 17, 2014 (Seoul District Court 2014Gadan56108; hereinafter “the second suit judgment”).

(B) Around that time, the above judgment became final and conclusive. B. The intervenor who rendered the most favorable transaction between the Intervenor and the Defendant shall be entitled to the real estate listed in the separate sheet (hereinafter “instant real estate”).

(1) Although there was no pre-sale agreement with regard to the sale and purchase, the provisional registration of the right to claim transfer of ownership was made on November 20, 2012 (hereinafter “the provisional registration of this case”) by the Daegu District Court No. 101412, Nov. 19, 2012 (hereinafter “the provisional registration of this case”).

C) At the time of the provisional registration of this case’s property status of the Intervenor at the time of the provisional registration of this case, the Intervenor was in the aggregate of KRW 44,970,119 as indicated in the following table, while the aggregate of the small-sized property was equivalent to KRW 380,183,191, and had already been in excess of the obligation (affirmative property details).

arrow