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(영문) 의정부지방법원 2013.11.20 2013가합3887
배당이의
Text

1. The part concerning the claim for revocation of the fraudulent act among the lawsuits in this case is dismissed.

2. Suwon District Court's Sung-nam Branch on October 24, 2012

Reasons

1. Basic facts

A. On October 5, 2011, C Co., Ltd. (hereinafter “Nonindicted Company”) entered into a mortgage agreement with the Defendant and each building listed in the separate sheet (hereinafter “instant building”) as to each building listed in paragraph (1) of the attached list (hereinafter “instant No. 1”; and the building listed in Paragraph (2) of the attached list (hereinafter “instant building”; collectively, “each of the instant buildings”) with respect to the obligor, Co., Ltd., Ltd., Ltd., (hereinafter “instant building”). The establishment registration of the instant building was completed as to the instant building on October 5, 201 under the name of the Defendant, Yangyang-ju Registry, Inc., Ltd., and the maximum debt amount of KRW 1,00,000.

B. D asserts that, upon entering into an investment agreement with the non-party company on January 19, 201 and paying the non-party company KRW 539,000,000 on August 25, 201, and KRW 200,000 on August 25, 2010, and KRW 179,000 on November 23, 201, and KRW 539,000,000 on February 25, 201, it has the right to receive a return of KRW 539,00,00,000 on the ground that the said investment agreement was cancelled, D has the right to receive a return of KRW 539,00,00 as the preserved right (hereinafter “instant claim to return the investment amount”). Upon receiving an application for provisional seizure from the court on October 25, 2011, it completed the execution of the instant building under subparagraph 10, 18, 2011.

C. On January 8, 2013, the Plaintiff acquired the claim for the return of the instant investment amount from D, and D, on February 6, 2013, notified the non-party company of the assignment of the said claim, and the said notification reached the non-party company around that time.

On January 24, 2013, the Plaintiff filed an order to pay KRW 539,00,000 with the Seoul Central District Court Decision 2013Da6621, supra, for the payment of KRW 539,00,000 with the non-party company. The Plaintiff received an order to pay from the above court that “the non-party company shall pay to the Plaintiff KRW 539,00,000 with the interest of KRW 539,00 and the interest rate of KRW 20% per annum from May 9, 2013 to the date of complete payment,” and the above payment order on May 24, 2013.

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