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(영문) 부산지방법원 2018.01.10 2016가합51197
사해행위취소
Text

1. The plaintiffs' primary claim part among the lawsuits of this case is dismissed.

2. The plaintiffs' conjunctive measures against the defendants.

Reasons

1. Basic facts

A. The plaintiffs' claims 1) The plaintiff Namnam Agricultural Cooperatives (hereinafter "the plaintiff Namnam Agricultural Cooperatives").

(2) On April 4, 2016, the court below ordered F to pay F with the payment order for the purchase of goods as the Changwon District Court Decision 2016Ra75, Changwon District Court Decision 2016. The court below ordered F to pay F with the amount of money calculated at the rate of 15% per annum from the next day of delivery of the original copy of the payment order to the Plaintiff Namnam Agricultural Cooperative, and from the next day of full payment order to the day of full payment. The above payment order became final and conclusive on the 27th of the same month. The plaintiff Kim Chang-nam collected KRW 108,028,394 out of the above amount of money. 2) On June 23, 2016, the court below decided F with the Busan District Court Decision 2016Ka21618 decided June 23, 2016 that "F had to pay the money from the above court to the Plaintiff under the same rate of 141,012,50 won and Da2516.

7. 14. Finality was established.

After that, the plaintiff A recovered KRW 9,324,637 out of the amount of the above credit.

3) Plaintiff B owned F with F the claim amounting to KRW 9,820,514 based on the determination of the amount of litigation cost set by Busan District Court No. 2015da1252, and KRW 6,065,150 based on the determination of the amount of litigation cost set by Busan District Court No. 2015da1253, and KRW 5,293,708 based on the determination of the amount of litigation cost set by Busan District Court No. 2015da1253, and KRW 9,820,514 based on the determination of the amount of litigation cost set by Busan District Court No. 201, Mar. 1, 2014.

For the same month

9. The registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of this case”) was completed on the ground of a mortgage contract (hereinafter “mortgage contract of this case”).

【Ground of recognition】 dispute.

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