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1. The contract between the defendant and C on the transfer and takeover of bonds entered into on May 30, 2015 shall be revoked.
Reasons
Basic Facts
A. On January 14, 2015, the Plaintiff filed a payment order against C with Jeju District Court Decision 2015Ra40 on January 14, 2015 to the effect that “C shall pay the Plaintiff KRW 150,000,000 and its delay damages.” The payment order order decision became final and conclusive.
Based on the above payment order, the Plaintiff, as the Jeju District Court 2015TTT3715 on July 3, 2015, was issued a ruling of seizure and collection order with respect to the claim for construction cost stated in the attached list against C and C as the debtor C and C debtor D (hereinafter “instant claim”), and was served on D on July 8, 2015.
B. Meanwhile, on May 30, 2015, C transferred this right to the Defendant, and notified D of the transfer on June 18, 2015.
C. On July 16, 2015, D deposited KRW 5,000,00 with the deposited person C or the Defendant pursuant to Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, on the ground that “A notification of transfer is received with respect to the instant claim, and the priority order, etc. cannot be determined upon being served with respect to the seizure and collection order.”
(No. 1195. [Grounds for Recognition] of Jeju District Court in 2015. [No. 1195.] The facts established prior to the establishment of the right to revoke the fraudulent act, as to the claim for revocation of the entire purport of pleading, the Plaintiff’s loan claim against C is arising before C transfers the instant claim to the Defendant, and is subject to the obligee’s right to revoke the creditor’s right to revoke the fraudulent act.
If the debtor reduces the liability property, thereby inducing or deepening the shortage of common security for general creditors, whether the act constitutes a fraudulent act that is the object of creditor revocation is the weight of the debtor's entire liability property, the degree of insolvency, the legitimacy and the means of realizing the economic purpose of the juristic act.