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(영문) 대구지방법원서부지원 2016.01.28 2015가단39207
사해행위취소
Text

1. The Defendant’s vice branch court of the Daegu District Court (Seoul District Court Decision 2010Gahap751, August 11, 2011 and the Daegu High Court (Seoul High Court) against the Plaintiff.

Reasons

1. Basic facts

A. C filed a lawsuit against the Plaintiff for damages and consolation money as the Seogu District Court Branch 2010Kahap751, which was sentenced by the said court on August 11, 2011 that the Plaintiff would pay C KRW 20 million and its delay damages.

B. Accordingly, the Plaintiff appealed from Daegu High Court No. 201Na5197, and on June 20, 2013, the said court rendered a judgment ordering C to pay an additional amount of KRW 5 million and damages for delay.

(hereinafter referred to as "each judgment of this case" and the claims of this case shall be referred to as "each judgment of this case" and the claims of this case shall be referred to as "each judgment of this case").

After that, C transferred each of the instant judgment claims to the Defendant on January 21, 2015, and notified the Plaintiff of the transfer of the said claim at that time.

On February 11, 2015, the Defendant applied for a compulsory auction on the real estate owned by the Plaintiff to the Seo-gu District Court Seo-Support D, which was granted an execution clause for succession to each of the instant judgments.

E. However, the Defendant is between C and September 21, 2015.

The agreement on the assignment of claims stated in the subsection was rescinded, and the plaintiff was notified of the cancellation of the transfer contract on the same day.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 2, 4, and 8 (including virtual numbers), the purport of the whole pleadings

2. According to the above facts and the above facts, since the validity of the assignment of claims between C and the defendant is lost, compulsory execution against the defendant against the plaintiff of this case shall be denied.

Therefore, the plaintiff's claim of this case is justified and it is decided as per Disposition by admitting it.

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