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(영문) 수원지방법원안산지원 2015.02.17 2014가단5401
사해행위취소에의한 소유권이전등록말소등
Text

1. On November 5, 2013, Defendant A and Nonparty D Co., Ltd. regarding construction machinery listed in the attached Table 1, which was concluded on November 5, 2013.

Reasons

1. Basic facts

A. On October 22, 2013, when D had the obligation to pay for the goods to D and D, F, jointly issued and delivered four promissory notes with the face value of KRW 200 million to G, the representative of D and D, the company, and the place of issue and the place of payment, and four promissory notes with the place of payment, located within the city of Ansan (hereinafter “instant promissory notes”) (hereinafter “instant four copies”), D, F, and G, with respect to the said promissory notes on the same day as H notary joint office certificates No. 1146 through 1149, respectively, and each notarial deed was prepared.

B. On October 22, 2013, D completed the transfer registration of ownership as to the instant automobile to Defendant B on October 22, 2013, under the receipt of No. 53382, Oct. 22, 2013, Defendant B completed the transfer registration of ownership on the instant automobile to Defendant C on November 20, 2013.

C. On October 23, 2013, G transferred the instant promissory note gold claim to the Plaintiff. G sent the instant transfer to D through a content-certified mail on November 1, 2013, and around that time, the said content-certified mail reached D.

D On November 5, 2013, Defendant A had completed the ownership transfer registration under the receipt of No. 21628 of November 5, 2013 for the instant construction machinery on November 5, 2013.

At the time when Defendant A was registered to transfer ownership on the instant construction machinery, the instant construction machinery was registered to create a mortgage with the source of the claim and mortgagee’s Hyundai Macks Co., Ltd. (hereinafter “Nungs”). At the time, the secured obligation at the time was KRW 4,116,615, but the secured obligation was fully repaid after the ownership registration of the instant construction machinery was transferred to Defendant A. On February 6, 2014, and the registration of the mortgage was cancelled on February 6, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 7, 8, Eul evidence Nos. 5, 6, and 17 (including the number of each branches; hereinafter the same shall apply) and the purport of the whole pleadings.

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