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(영문) 수원지방법원 성남지원 2018.01.16 2017가합401921
사해행위취소
Text

1. The bond transfer and takeover contract concluded on July 5, 2016 between the Defendant and C with respect to the claims listed in the separate sheet.

Reasons

Basic Facts

On July 22, 2013, the Plaintiff’s claim C issued, respectively, a promissory note of KRW 700,000,000 at the face value of October 22, 2013, and one promissory note of KRW 200,000 at the same face value.

C around September 1, 2014, sold Friri Forest Forest Land Co., Ltd. (hereinafter “D”) at KRW 5,270,000,000, which is the only real estate owned by the C, in excess of its obligation, at around September 1, 2014.

On July 1, 2016, the Plaintiff filed an application for a seizure and collection order with D as the garnishee regarding the claim for the remainder of the sale price to be paid by C. On July 1, 2016, and received a seizure and collection order on July 6, 2016.

(C) On July 5, 2016, C had D pay 520,000,000 won of the remainder of the purchase and sale claim to C, not C, to the creditors of C. On the same day, C transferred 380,000,000 won of the remainder of the purchase and sale claim to D owned by C.

D In order to secure the above obligation against the defendant, D completed the registration of the establishment of the right to collateral security stated in the claim regarding the forest of this case owned by D as to the forest of this case.

[Reasons] Facts without dispute, Gap's claims for promissory notes amounting to KRW 900,00,000 against C are preserved claims of this case for the existence of preserved claims as to Gap's claims for revocation of fraudulent act, Gap's claims for revocation of Gap's 1 through 7 and 9 (including serial numbers) and all pleadings' claims for revocation of fraudulent act

Since the date of the instant sales contract, the transfer of the claim against D to the Defendant under the insolvent constitutes a fraudulent act, and the intention of C to commit a fraudulent act is also recognized.

On this issue, the defendant is the defendant's debtor, and it is the debtor's assignment of claims.

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