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(영문) 서울북부지방법원 2016.11.01 2015가단137401
사해행위취소
Text

1. The plaintiff's action against the defendant A shall be dismissed.

2. The real estate indicated in the separate sheet between Defendant B and Defendant A is among the real estate indicated in the separate sheet.

Reasons

1. On March 20, 2015, ex officio of the Plaintiff’s claim against Defendant A, the Plaintiff’s claim based on the transfer of the claim stated in the purport of the claim that the said limited liability company acquired from Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) on June 21, 2012 is lawful.

In full view of the provisions of Articles 603(1), (3), (4), and 621(2) of the Debtor Rehabilitation and Bankruptcy Act, in cases where any creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period after the commencement of the individual rehabilitation procedure, any claim is finalized according to the list of individual rehabilitation creditors, and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all individual rehabilitation creditors, and where the individual rehabilitation procedure is discontinued or finalized due to any cause, such as where repayment according to the repayment plan is impossible, such individual rehabilitation creditor may perform compulsory execution according to the list of individual rehabilitation creditors,

In addition, it is reasonable to deem that “the same effect as a final and conclusive judgment” as mentioned above includes res judicata. As such, a person to whom claims recorded in the list of individual rehabilitation creditors are transferred is in a position corresponding to the successor after the final and conclusive judgment subject to res judicata pursuant to Article 218(1) of the Civil Procedure Act, and thus, the lawsuit seeking the payment of the amount

As to the instant case, comprehensively taking account of the overall purport of the arguments in the Health Team and the Evidence Nos. 1 and 15 (including the paper numbers), the repayment plan was authorized on July 20, 201.

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