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(영문) 서울중앙지방법원 2017.11.28 2015가단5114534
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On July 13, 2012, the Plaintiff concluded a guarantee insurance contract between the Plaintiff’s Intervenor and the Plaintiff’s Intervenor, “The Insured Co., Ltd., Multilateral, Multilateral, Insurance Amounting to KRW 10,000,000,” in order to guarantee the payment of liability for damages arising from a consignment contract for Multilateral, Inc., and as a result, to guarantee the payment of liability arising from a consignment contract for Multilateral, Co., Ltd., Ltd., the Plaintiff’s Intervenor and the Plaintiff’s Intervenor, respectively.

B. On October 22, 2013, the Plaintiff’s Intervenor paid KRW 7,025,866,00,000,000 to the Multilateral Telecom Co., Ltd. and KRW 8,435,531 until June 20, 2014, respectively.

C. On March 29, 2013, the Plaintiff completed the registration of ownership transfer to the Defendant under the receipt No. 20147 of April 8, 2013, for the reason of sale on the real estate listed in the separate sheet.

On April 24, 2015, the Plaintiff’s Intervenor received a complaint against the Defendant seeking revocation of the fraudulent act and restitution to the original state from the competent court. The Plaintiff is proceeding with the authorization of the commencement order on September 18, 2015 and the repayment plan on October 31, 2016 in the individual rehabilitation procedure initiated by the Incheon District Court 2015 Session 41361, respectively. The Plaintiff reported the Plaintiff’s claim as rehabilitation claim. The instant litigation procedure was taken over to the Plaintiff upon the Plaintiff’s application by the Plaintiff’s Intervenor, but the instant creditor revocation lawsuit was not changed to the lawsuit of denial until the date of the closing of argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. We examine ex officio the legality of the instant lawsuit.

Articles 584, 347(1) and 406 of the Debtor Rehabilitation and Bankruptcy Act.

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