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(영문) 광주지방법원 2020.10.22 2019가합58983
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim against the Plaintiff’s Intervenor filed a lawsuit seeking revocation of fraudulent act with the Gwangju District Court 2018Gahap55147 against the Intervenor. On May 9, 2019, the said court rendered a judgment that “The Intervenor and the Plaintiff’s claim against D Co., Ltd. (hereinafter “D”) for KRW 1.3 billion with respect to the claim of KRW 1.3 billion with respect to D Co., Ltd. (hereinafter “E”) on or around October 2017 (Article 1(1). The Intervenor paid to the Plaintiff KRW 1.3 billion and the amount calculated at the rate of KRW 5% per annum from the day following the date this judgment became final and conclusive to the day of full payment (hereinafter “instant judgment”). The said judgment became final and conclusive on June 1, 2019.

B. As to the trust deed between the Intervenor and the Defendant, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on October 3, 2017 between the Intervenor and the Defendant (hereinafter “instant real estate”).

On December 1, 2017, the Plaintiff purchased each of the instant real estate in the name of a supplementary intervenor, and completed the registration of ownership transfer in the name of each of the instant real estate. 2) On May 9, 2019, the supplementary intervenor entered into a security trust contract for each of the instant real estate (hereinafter “instant trust contract”) with the Defendant (F.). On the same day, the supplementary intervenor completed the registration of ownership transfer as the receipt of the Gwangju District Court No. 79750 on May 9, 2019 on the grounds of security trust to the Defendant on the same day.

At the time, each of the instant real estates was set by the mortgagee’s maximum debt amount of KRW 2,275,00,000, and KRW 2,000,000,000, for each of the instant real estates, respectively.

3) The Defendant issued to the Intervenor on the same day a certificate of beneficial rights with the following contents. The Intervenor offered the said certificate of beneficial rights to the Intervenor on the same day, and the Intervenor totaled KRW 2,021,50,000 (i.e., International Union KRW 700,000,000 from the beneficiaries of the said certificate of beneficial rights as the security of the said certificate of beneficial rights to the Intervenor at the same time.

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