(영문) 부산지방법원 2019.12.10 2019가단12844

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(영문) 부산지방법원 2019.12.10 2019가단12844

청구이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff and B seeking revocation of the fraudulent act (hereinafter “previous lawsuit”) as follows: (a) the instant court’s 2018da326461; and (b) the Defendant filed a lawsuit seeking revocation of the fraudulent act (hereinafter “previous lawsuit”).

The defendant has a claim for indemnity amounting to KRW 27,491,578 against B.

A debtor B, on March 19, 2018, concluded a sales contract with the Plaintiff on the real estate listed in the separate sheet (hereinafter “instant real estate”) that is his/her own responsible property and completed the registration of ownership transfer, is a fraudulent act because it reduces the creditors’ joint collateral property including the defendant.

On the other hand, since the registration of ownership transfer was cancelled in the name of the plaintiff with respect to the real estate in this case, and the right to collateral security was created in the name of Cbank and it became impossible to return the original property due to the creation of a new collateral security, the plaintiff shall pay to the defendant the amount equivalent to the

B. On March 20, 2019, the court closed the pleading on March 24, 2019 after the service of the Plaintiff to the Plaintiff by public notice, and closed the pleading on April 24, 2019, the court revoked the sales contract concluded on March 19, 2019 between B and the Plaintiff with respect to the instant real estate within the limit of KRW 27,491,578. The court rendered a judgment that the Plaintiff shall pay to the Defendant the amount of KRW 27,491,578 and the amount calculated at the rate of KRW 5% per annum from the day following the date of the final judgment of this case to the day of full payment (hereinafter “instant judgment”). The foregoing judgment became final and conclusive on May 9, 2019.

C. On June 19, 2019, the Defendant filed an application for a compulsory auction of the instant real estate with the Ulsan District Court D, with the title of execution, and the decision to commence the auction was issued on June 19, 2019.

[Ground of recognition] Facts without dispute, Gap 1, 2, 8 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant is a fraudulent act in the previous lawsuit.

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