(영문) 서울동부지방법원 2018.05.18 2017가단131654

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(영문) 서울동부지방법원 2018.05.18 2017가단131654

사해행위취소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or are recognized by taking account of the overall purport of the pleadings as a whole in the entries in Gap evidence 1, No. 2, No. 6, and No. 1.

A. On March 3, 2006, the Korea Asset Management Corporation acquired the claim for loans from the Korea Housing and Commercial Bank of Korea to Nonparty B, and applied for a payment order from the Seoul Central District Court 2006Da5244 with respect to B, and issued a payment order with respect to KRW 220,221,369 and KRW 90,000 from October 20, 2005 to the full payment order, the payment order was issued and confirmed around that time. The Korea Asset Management Corporation transferred the claim against B on September 2012 (hereinafter “instant payment order”). The Plaintiff applied for a payment order with respect to the instant payment order to KRW 20,221,369 and KRW 90,00 from October 20 to the full payment order. 3, 2006 to the Plaintiff with the authority to notify the assignment of claim from the Korea Asset Management Corporation to the Plaintiff, and the Plaintiff applied for a payment order with the Seoul Central District Court 200,306.26.36

On the other hand, B completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on March 5, 2009, as Seoul Eastern District Court No. 27721, which was received on March 20, 2009, as to the real estate listed in the separate sheet (hereinafter “the instant real estate”), and completed the ownership transfer registration (hereinafter “the instant provisional registration”) with the Seoul East Eastern District Court No. 12207, which was received on August 3, 2017, on the basis of the provisional registration of this case, to the Defendant who succeeded to the said real estate as a female student of C.

2. Determination on the legitimacy of the instant lawsuit is made.

유사 판례

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