logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.09.08 2016나2080497
사해행위취소
Text

1. The plaintiff's appeal and the main claim added and expanded by this court are dismissed, respectively.

2...

Reasons

Basic Facts

On May 28, 2014, prior to filing the instant lawsuit, the Seoul Central District Court 2014hap103, which was a corporation that manufactures and sells various pipes materials, pipes, hacks, etc., and was decided to commence rehabilitation procedures. The Plaintiff was appointed as the custodian, and the rehabilitation plan was decided to commence rehabilitation procedures on December 17, 2014.

Co., Ltd. (hereinafter referred to as “E”) is a company that manufactures and sells piping products and valves, and Defendant C has served as E’s representative director from February 15, 2006.

On July 30, 2008, the Debtor Rehabilitation Company and E, and the Defendant C’s establishment and rehabilitation company of the instant right to collateral security entered into an agreement on goods supply (hereinafter “instant goods supply agreement”) with E to be supplied with the content franchise products from E, but to pay E in advance the price for goods.

On the same day between the rehabilitation company and the defendant C, who is the representative director, the debtor and the person establishing the right to collateral security (hereinafter “each of the instant real estate”) regarding the real estate listed in the separate sheet owned by the above defendant, the document establishing the right to collateral security (hereinafter “the document establishing the right to collateral security”) stating the defendant and the person establishing the right to collateral security as KRW 1.

Based on the written contract to establish a mortgage of this case, the registration of establishment of a mortgage of this case (hereinafter “registration of establishment of a mortgage of this case”) was completed by the Jung-gu District Court, Choyang-dong District Court, Choyang-dong Office, 54979, which was received on July 30, 2008.

On August 1, 2008, the rehabilitation company paid 1 billion won advance according to the instant goods supply agreement to E.

The cancellation of the instant right to collateral security and the transfer of ownership on the instant real estate was completed on January 10, 201 due to the cancellation of the right to collateral security on the ground of termination, and Defendant C was the same day under Defendant D’s name on January 10, 201.

arrow