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(영문) 서울중앙지방법원 2017.06.02 2016가합542800
사해행위취소
Text

1. The assignment of claims between the Defendant and C shall be cancelled on December 5, 2014 regarding the claims indicated in the separate sheet No. 1 list.

Reasons

1. Basic facts

A. Status of the parties 1) Plaintiff (Appointed Party; hereinafter “Plaintiff”)

Since January 19, 2015, D, E, F, G, and H are the following: (a) DomM Industry Co., Ltd. (hereinafter referred to as the “Appointed”) from the Appointed on January 19, 2015:

(C) From February 4, 2015, Busan District Court Decision 7,032 square meters of land I in Busan District (hereinafter “instant land”) (hereinafter “instant land”).

A) Co-owners who acquire and own shares of the Plaintiff. The Plaintiff’s shares of the instant land are 20.75/132, 19.45/132, 12.97/132, 12.97/132, 1.08/132, 1.08/132, 1.08/132, 1.08/132, 1.35/132, 58.35/132, 114.6/132, 114.2, 2, hereinafter “C”) Co., Ltd. (hereinafter “C”) obtained the sale order of each of the instant buildings (hereinafter “each of the instant buildings”) from the Busan District Court’s auction procedure in the case of real estate J. 195/132, 204, and 35/132, 205.15.2, 2014.

B. Each of the instant buildings owned by K since June 7, 1978, each of the instant buildings owned by the Plaintiff and designated parties, claiming the return of unjust enrichment against C.

However, on October 10, 2006, as Busan District Court 2006Gahap18085, the Appointed filed a lawsuit against K&A seeking the removal of each building of this case and the transfer of the land of this case. The Appointed E, G, F, etc., as the Appointed Party, the Plaintiff was the Appointed Party, and on July 24, 2007, the Busan District Court 2007Gahap14387 against K&A seeking the return of unjust enrichment from the possession of the land of this case on the basis of the ownership of the above Plaintiff, etc. among the land of this case, the lawsuit was merged into the preceding lawsuit.

On January 17, 2008, K Co., Ltd.

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