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(영문) 인천지방법원 2019.05.28 2018나56612
사해행위취소
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The plaintiff's ground of appeal on the primary claim is not significantly different from the argument in the first instance court, and the fact-finding and decision in the first instance court are justified even if the evidence submitted in the first instance court is different from each evidence submitted in this court.

Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the conjunctive claim

A. The Plaintiff’s assertion E had the claims indicated in the separate sheet against the Republic of Korea (the Public Procurement Service). However, on July 7, 2016, the Defendant filed an application for a seizure and collection order as to the claims indicated in the separate sheet with a notary public’s claim amounting to KRW 501,00,000,000, based on a notarial deed (O No. 566 of the 2016) and received a seizure and collection order from the Cheongju District Court (2016TT 4509) on July 28, 2016, and the said decision was served on the Seoul Local Government Procurement Service, which is the competent authority, on August 1, 2016.

Meanwhile, the Plaintiff filed an application for provisional attachment with the amount of claims KRW 28,034,530 on August 17, 2016, and received the provisional attachment order from the Daejeon District Court (2016Kadan3327). On August 18, 2016, the Plaintiff was served on the Seoul Local Government Procurement Service. On October 26, 2016, the Plaintiff received a judgment on the right to be preserved for the provisional attachment order from the Daejeon District Court (2016Gadan2429) (29) on October 26, 2016. After the judgment became final, the Plaintiff filed an application for the provisional attachment and collection order with the Daejeon District Court (2017Da58386) on November 6, 2017, and received the claim attachment and collection order from the Daejeon District Court (2017Da58386) and served the amount of claims on October 8, 2017 to the Seoul Local Government Government Administration.

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