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(영문) 서울남부지방법원 2017.01.13 2015가단63330
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On April 21, 2014, the Plaintiff and the remaining designated parties (hereinafter referred to as “Plaintiff, etc.”) selected Nonparty G as the designated party, and filed an application for the instant payment order (hereinafter referred to as “instant payment order”) with C (hereinafter referred to as “C”) seeking the payment of wages and retirement allowances against the non-party G as the designated party, and as C did not raise an objection despite being served with the original copy of the said payment order, May 31, 2014, “C has paid the amount of KRW 5,848,288, and KRW 23,180,00,000, and KRW 13,279,80,02, and KRW 222,960,098, and KRW 13,17,1501, and KRW 15,017, and KRW 2015,000,000,000 from May 27, 2014.”

B. On June 16, 2014, the Plaintiff et al. selected the designated party D as the designated party, and applied for a collection order for the attachment and collection of claims 2014TT 7835 on the basis of the instant payment order. On September 25, 2014, the designated party D was paid KRW 3,218,180,180 for the designated party D, the Plaintiff et al. was paid KRW 5,792,725 for the designated party, and KRW 3,218,18,180 for the designated party E, and KRW 5,792,725 for the designated party E, and the designated party was paid KRW 3,493,909 for the designated party D on April 23, 2015 in the distribution procedure of Gyeyang-gu District Court, and the Plaintiff received KRW 289,289,37,937,939,37,939,37,97,39639,

C. C completed the registration of ownership transfer to the Defendant on June 5, 2014 with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) on the grounds of sale as of June 3, 2014.

On the other hand, on August 4, 2014, J, an employee of C, filed on June 3, 2014, a lawsuit against the Defendant for the cancellation of the contract and the restoration to original state on the grounds that the contract was a speculative act between the Defendant and C on June 3, 2014 (Seoul Southern District Court 2014Gahap107872, Jun. 4, 2015).

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