logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.05.16 2018가단100364
사해행위취소
Text

1. The sales contract concluded on March 14, 2016 between the Defendant and D with respect to each real estate listed in the separate sheet is 10,426.

Reasons

1. Basic facts

A. The Plaintiffs worked for the vessel manufacturer “E” operated by D, and Plaintiff A retired on April 10, 2016, and Plaintiff B retired on September 30, 2015.

D From March 3, 2016, Plaintiff A was not paid 9,229,622 won of wages and retirement allowances for April, 2016, and Plaintiff B was not paid 1,197,264 won of retirement allowances.

B. D, on March 14, 2016, sold real estate listed in the separate sheet to the Defendant, who is the branch office, at the price of KRW 150 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer in the name of the Defendant on March 15, 2016.

C. At the time of the instant sales contract, vibration agricultural cooperatives made the instant real estate as the mortgagee; ① on September 13, 2012, the maximum debt amount was KRW 65,000,000, and ② on July 31, 2015, the prior registration of the creation of the right to collateral security was completed, which was KRW 52,00,000,000.

On March 31, 2016, the Defendant completed the registration of ownership transfer regarding the instant real estate on March 31, 2016, and (2) completed the registration of change of each right to collateral security with the Defendant as the debtor on the grounds of acceptance of the contract on the same day, and completed the registration of establishment of collateral security after additionally making the Defendant and the maximum amount of debt KRW 39,00,000 with vibration agricultural cooperatives as the mortgagee.

E. At the time of the instant sales contract, D was in excess of its obligation.

F. The appraised value of the instant real estate was KRW 163,025,000 as of March 2016, and the sum of the secured debt amount of the prior collateral against the vibration agricultural cooperatives was KRW 90,000,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts as to the establishment of the preserved claim, the retirement allowance claim against the Plaintiff B in arrears was already established at the time of the instant sales contract, and the claim against the Plaintiff A in arrears, including the overdue wages, is the legal relationship that has already been based on which the claim against the Plaintiff A was based.

arrow