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(영문) 의정부지방법원 2016.04.20 2015가합2932
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Lee Jong-mix Co., Ltd. completed construction by being awarded a contract for the new construction of charcoal in the real estate listed in the annexed list 2 from G and H. Since G and H did not pay part of the construction cost, G and H filed a lawsuit on December 24, 2009, G and H jointly filed a judgment to jointly and severally pay 157,481,003 won and delay damages to Lee Jong-mix Co., Ltd. (Seoul High Court 2009Na3241), and the above judgment became final and conclusive on January 21, 2010.

B. On March 21, 2013, the Plaintiff acquired a claim against G and H based on the above judgment from Lee Jae-mix Co., Ltd., and acquired the said claim again on March 21, 2013, and was granted the succeeding execution clause regarding the said judgment.

C. However, after the judgment became final and conclusive, G completed the registration of creation of a collateral security interest as to each real estate listed in Articles 1 through 3, 7, and 8 of the Attached List as the Government Registry of the District Court with regard to ① the real estate indicated in the Attached List No. 1 through 3, 7, and 10546 on November 13, 2012, KRW 171,000,000,000 for Defendant B, C, D, and the maximum debt amount, and KRW 17,00,000,000,000 for each of the real estate indicated in the Attached List No. 58032, Jun. 27, 2013; KRW 350,000,000 for Defendant E, the maximum debt amount; ③ the registration of establishment of a collateral security interest as the same day; and ③ the registration of creation of a collateral security interest as the record No. 301,000,000 won for each of the Attached.

[Ground of recognition] Unsatisfy, Gap evidence 1, and 2 (including each number), the purport of the whole pleadings

2. Defendant E’s judgment on the main defense of Defendant E is without merit that Defendant E may transfer its claim to the Plaintiff by acquiring the above judgment amount claim from Lee Jae-mix Co., Ltd.

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