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(영문) 제주지방법원 2015.09.08 2015가단1405
사해행위취소 등
Text

1. The sales contract concluded on October 1, 2013 with regard to the vessels listed in the separate sheet between the Defendant and C shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On September 23, 2013, the Plaintiff filed a lawsuit against C and D seeking payment of benefits, etc. with the Jeju District Court 2013 Ghana31536. On April 2, 2014, the conciliation was concluded that C and D jointly and severally pay the Plaintiff KRW 23 million (hereinafter “instant conciliation”).

B. On October 1, 2013, C sold to the Defendant a vessel listed in the separate sheet (hereinafter “instant vessel”) that was one’s own ownership, and completed the ownership transfer registration of the instant vessel on the same day, but C had no particular property other than the instant vessel at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, C bears the obligation to pay wages, etc. to the Plaintiff. However, inasmuch as the sale and purchase of the instant vessel to the Defendant without any specific property other than the instant vessel causes or deepens the shortage of common security of ordinary creditors including the Plaintiff, it is reasonable to deem that the said sale and purchase contract constitutes a fraudulent act, and the Defendant’s malicious faith is presumed to be the beneficiary.

Therefore, the sales contract concluded on October 1, 2013 with respect to the instant vessel between C and the Defendant should be revoked, and the Defendant should implement C with respect to the registration of cancellation of ownership transfer on October 1, 2013, which completed with respect to the instant vessel.

3. Conclusion, the plaintiff's claim of this case is justified.

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