logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.12.05 2017가단10409
사해행위취소 등
Text

1. The plaintiff's primary claim shall be dismissed.

2. The plaintiff's primary and secondary claims are all filed.

Reasons

1. Facts of recognition;

A. The Plaintiff has a claim (20,000,000 won and the amount calculated by the rate of 20% per annum from August 8, 2005 to the date of full payment) based on the final judgment of the case No. 2005Gau132577 (Claim for Lease Deposit) against Gwangju District Court (Claim for Lease Deposit).

On October 11, 2006, the Plaintiff received dividends of KRW 9,230,577 in the Gwangju District Court E case.

The dividend was appropriated for the amount of delay damages up to the date of distribution and the principal amount. The remaining principal of the Plaintiff’s remaining principal of the bonds as of October 11, 2006 is KRW 15,481,752.

(hereinafter the Plaintiff’s claim against C is referred to as “instant preserved claim”). B.

With respect to the real estate listed in the separate sheet owned by C (the ownership transfer registration in the name of C was completed on April 9, 2015 due to sale and purchase from the former owner F on January 29, 2015; hereinafter “instant real estate”), the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on April 24, 2015 with D as the person having the provisional registration authority for the same day of purchase and sale on the same day, and the additional registration (hereinafter “the additional registration of this case”) was completed on February 23, 2016 to change the person having the provisional registration of this case as the defendant for the reason of transfer of contract on the same day of February 23, 2016, ③ the provisional registration of this case and the additional registration of transfer of ownership was completed on March 23, 2016 on the basis of the provisional registration of this case and the additional registration of this case under the name of the defendant on February 23, 2016.

C. Meanwhile, on November 17, 2015, the Plaintiff, based on the instant secured claim, was rendered a decision to commence compulsory sale of the instant real estate G with Goyang Branch District Court (hereinafter “instant compulsory sale”), but on March 23, 2016, the registration of the instant decision to commence compulsory sale was revoked on the ground of the instant principal registration.

In addition, on November 17, 2015 based on the preserved claim of this case, the Plaintiff filed a claim for the seizure and collection order with the Jung-gu District Court 2015 Other 13739, which designated D as the third debtor on November 17, 2015.

arrow