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(영문) 서울북부지방법원 2015.12.29 2015가단8732
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C, on July 10, 2008, issued a notarial deed as No. 1264 on July 197, 2008 with respect to the said promissory note as a notary public entrusted the preparation of a notarial deed to a law firm in the form of a notarial deed, and as No. 1264 on July 10, 2008.

After that, the original copy of the notarial deed was prepared on October 22, 2013 on the basis of the original copy of the notarial deed at the defendant's agent D's request (hereinafter "notarial deed of this case"), and the execution clause was re-granted.

B. On October 22, 2013, the Defendant: (a) issued an assignment order of claim and assignment order (hereinafter “instant attachment and assignment order”) from this court on October 24, 2013 on the basis of the instant notarial deed using KRW 197,00,000 as a claim claim claim amounting to KRW 197,00,000 as a promissory note deposit claim; (b) based on the instant notarial deed, the Defendant applied for a monthly wage attachment and assignment order from the obligor C and the garnishee, Korea Appraisal Board; and (c) was served on the Korea Appraisal Board on October 28, 2013.

C. C on August 22, 2012, issued promissory notes, which are the Plaintiff, as of October 31, 2012, including the date of payment, the place of issue, the place of payment and the place of payment, Seoul, and the place of payment.

On November 13, 2012, E, the agent of the Plaintiff and the debtor C, a notary public, entrusted the preparation of a notarial deed to the law firm Song-dong Law Office and completed a notarial deed as No. 917 of 2012.

The Plaintiff, based on the foregoing No. 2013TT 19776 of this Court, filed an application for a seizure and collection order of C’s monthly salary based on the foregoing No. 2013T 200 million won as a claim claim, and issued a seizure and collection order from this court on October 31, 2013. The Plaintiff was served on the Korea Appraisal Board Co., Ltd. on November 4, 2013.

[Grounds for recognition] Nos. 1 through 1.

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