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(영문) 부산지방법원 2014.12.26 2013가단105454
사해행위취소 등
Text

1. The plaintiff's primary claims against the defendant B, C, and E are dismissed, respectively.

2. Defendant E and Nonparty F Co., Ltd.

Reasons

1. Basic facts

A. On October 12, 2011, the Plaintiff entered into a membership agreement with Nonparty F Co., Ltd. (hereinafter “Nonindicted Company”) on the use of golf courses and accommodation, and paid KRW 55 million to the Nonparty Company at that time.

B. After that, on January 5, 2012, the Plaintiff expressed his/her intention to cancel the membership agreement as stated in the above paragraph (a). On April 10, 2012, the Plaintiff received a payment order order order issued to the effect that “the Plaintiff shall pay to the Plaintiff 5 million won and the amount equivalent to 20% per annum from April 18, 2012 to the date of full payment” with respect to the return of the membership fee as stated in the Busan District Court Branch Branch Branch Decision 2012 tea1285.

C. On the other hand, on August 16, 2012, Defendant E concluded a mortgage contract with the maximum debt amount of KRW 390,000,000 with respect to a vessel listed in the separate sheet 1 (hereinafter “first vessel”) owned by Nonparty E (hereinafter “instant first vessel”) and completed procedures for registration of the establishment of mortgage on the first vessel on the same day.

On October 25, 2012, Defendant E, a child of Defendant E, entered into a sales contract for the first vessel (hereinafter “instant sales contract”) with the Nonparty Company, and completed the procedure for registration of transfer of ownership for the first vessel on the same day. On May 8, 2013, Defendant C entered into a sales contract for the first vessel with Defendant C, and completed the procedure for registration of transfer of ownership for the first vessel in the name of Defendant C on the same day.

E. On February 8, 2012, Defendant D entered into a mortgage contract with the maximum debt amount of KRW 130 million as to the vessels listed in the separate sheet 2 attached to the non-party company’s ownership (hereinafter “non-party company’s second vessel,” and “each of the instant vessels,” collectively with the first vessel (hereinafter “each of the instant vessels”). As to the second vessel on the same day, Defendant D entered into a mortgage contract with the maximum debt amount of KRW 130 million (hereinafter “instant mortgage contract”).

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