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(영문) 부산지방법원동부지원 2019.04.24 2018가단4491
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff loaned KRW 45,00,000 to D on April 2, 2015, including KRW 10,000,000, and KRW 35,000,000 on April 6, 2015. (2) The Plaintiff brought a lawsuit against D seeking the payment of a loan on March 4, 2016, and the trial was proceeded by service by public notice. As a result, on May 17, 2016, “D shall pay KRW 45 million to the Plaintiff and its delayed payment damages,” the Plaintiff was awarded a favorable judgment (Seoul District Court Decision 2016Da1437). While the Plaintiff brought a final appeal against D on September 23, 2017, the Plaintiff was dismissed and the final appeal was again dismissed on September 23, 2017 (Dasan District Court Decision 2016Da14377, Sept. 23, 2017).

(Supreme Court Decision 2017Da270909). B.

D and the Defendants entered into a contract for security transfer between D and the Defendants: (a) A and the contract for a loan for security transfer with a purport to transfer the unregistered building of KRW 1.6 billion to the Defendants as security for the obligation for construction price of KRW 1.6 billion, which was paid by D to the Defendants on April 22, 2016, by means of an occupancy or amendment (hereinafter “instant contract for security transfer”).

(2) On April 22, 2016, D and the Defendants concluded a loan agreement on the transfer of the instant corporeal movables to the Defendants by means of possession and amendment of the said corporeal movables as a security for the payment obligation of KRW 30 million, which was made by D to the Defendants, on the same day as a notary public E office deed (hereinafter “instant contract on the transfer for security”). On the same day, D and the Defendants signed a notarial deed as a notary public E office deed (hereinafter “each of the instant transfer for security”) with the content of transferring the instant corporeal movables to the Defendants by means of possession and amendment. In addition, the said agreement was referred to as “each of the instant transfer for security” in addition to the instant 1 transfer for security, and the said agreement was drafted as a notary public E office deed as a notary public No. 571 on the same day.

C. The plaintiff's compulsory execution and the defendants' third party objection 1) The plaintiff is based on the above judgment of the court of first instance, which declared provisional execution, which is located in the F in Gyeyang City F and G coffee located in the first floor.

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