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(영문) 대구지방법원 2020.04.09 2019가합212222
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. The Plaintiff’s request for cooperation from the Plaintiff is made by preparing all necessary documents in relation to the procedure for registration of cancellation of the registration of the establishment of neighboring H Co., Ltd. in the name of H Co., Ltd.

B. The Defendants: (a) on the instant land by the Plaintiff.

The procedures for the transfer of ownership and the transfer of the name of the owner are carried out as described in the paragraph above.

As seen in this subsection, the provisional attachment, provisional disposition, and the cancellation registration of the registration of the establishment of a neighboring mortgage shall be jointly and severally paid to the plaintiff KRW 2.2 billion as stated in paragraph (1) and interest in arrears to the plaintiff.

C. If the Defendants did not pay 2.2 billion won as stated in paragraph (1) by the due date, the Plaintiff is paid the amount calculated by adding the said money and the damages for delay calculated at the rate of 7% per annum from September 1, 2010 to the date of full payment.

subsection (1) shall carry out its obligations.

* The entry of the remaining matters of mediation is omitted

B. On December 27, 2018, Nonparty B concluded the instant trust agreement with the Defendant, and on the same day, Nonparty B completed the registration of ownership transfer on the instant land based on the said trust agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1-1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is the creditor who has the right to claim ownership transfer registration in accordance with the conciliation protocol of the Daegu High Court 2008Na8349 case against the non-party B. The trust agreement of this case is a private trust to solve the plaintiff's above claim, and thus, the registration of ownership transfer of this case should also be cancelled.

B. The revocation of the private trust under Article 8 of the Trust Act is for the preservation of the responsible property like the obligee’s right of revocation under the Civil Act, so the preserved claim shall be a monetary claim, and shall be a specified object.

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