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(영문) 인천지방법원 2014.07.18 2013가단68503
사해행위취소등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On May 31, 2012, the Plaintiff’s claim against the Plaintiff (1) transferred KRW 100,000,000 out of the goods payment claim against the Plaintiff’s principal debtor SELDB Co., Ltd., and joint and several sureties, and notified the Plaintiff of the assignment of the claim on June 15, 2012.

(2) On August 20, 2012, the Plaintiff filed a claim for acquisition money with the Suwon District Court’s Ansan Branch Branch 201j5103 against the joint and several surety A, and on August 20, 2012, the said court received a payment order from the said court to “A shall pay the Plaintiff the amount of KRW 100,000,000 and the amount calculated at the rate of 20% per annum from September 7, 2012 to the date of full payment” (hereinafter “the instant claim for acquisition money”), and the said payment order became final and conclusive around that time.

B. On July 8, 2011, the Defendant completed the registration of transfer of ownership (hereinafter “instant transfer of ownership”) based on a sales contract concluded on June 21, 201 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by A (hereinafter “instant real estate”).

C. On the other hand, on June 14, 2010, B (hereinafter “B”) completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) with respect to the instant real estate owned by A, with a view to securing the debtor’s claim for the purchase price of goods against Thai C&S Co., Ltd. (hereinafter “S”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment as to the main claim

A. (1) On June 21, 201, a person who was in excess of his/her obligation to the Plaintiff, such as bearing the instant obligation to the Plaintiff for the transfer money, concluded a sales contract with the Defendant for the instant real estate (hereinafter “instant sales contract”) with the Defendant on June 21, 201, thereby undermining the Plaintiff, a creditor, by means of reducing joint collateral security of a claim.

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