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(영문) 서울중앙지방법원 2016.11.10 2016가단5050880
사해행위취소 및 양수금 등 청구의 소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On June 8, 2016, Plaintiff A filed an application with Plaintiff A for a payment order against LAC with the Seoul Central District Court 2014Guj2694 against LAC on the ground that the tax accounting corporation (hereinafter referred to as “LAC”) transferred LAC’s claim amounting to KRW 68,926,00 for the total amount of LAC Co., Ltd. (hereinafter “LA”) to Plaintiff A on June 8, 2016. The payment order became final and conclusive on June 10, 2014 on the ground that LAC was the cause of the claim that the notice of the above assignment of claim was given. The court ordered the Plaintiff A to pay the above amount of KRW 68,926,00 for LAC on May 20, 2014.

B. On June 8, 2012, Plaintiff B filed an application with the Seoul Central District Court for a payment order claiming the payment of the above transfer amount with the Seoul Central District Court No. 2014Hu26993 against the urban vegetation on the ground that it transferred to Plaintiff B a claim for the debt adjustment fee equivalent to the aggregate amount of KRW 65,582,00 against the urban vegetation of the Busan Metropolitan City (hereinafter “urban vegetation”) on June 8, 2012, and the payment order was finalized on June 10, 2014 on the ground that Plaintiff B notified the assignment of the above transfer to the urban community. The court ordered Plaintiff B to pay the above transfer amount of KRW 65,582,00 for the urban vegetation and the delay damages. The payment order was finalized on June 10, 2014.

(B) Each of the above payments orders is referred to as "the payment orders of this case". 【The grounds for recognition' 【Evidence Nos. 1 through 5, 21 and 22, each of the statements in Evidence Nos. 21 and 22 (including provisional numbers) and the purport of the body prior to pleadings.

2. Determination on the legitimacy of the instant lawsuit

A. The gist of the grounds for the plaintiffs' claims and urban life angle purchase each of the lands stated in the purport of the claim (hereinafter "the instant land") as the site of Q block, R block, and S block collective housing development projects (hereinafter "multi-family housing development projects") in the Daejeon P Zone Urban Development Project, and then transfer to the K non-real estate trust company.

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