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(영문) 서울중앙지방법원 2019.04.17 2017가단5220747
사해행위취소
Text

1. The primary and primary claims shall be dismissed among the lawsuits in this case.

2. The plaintiff's conjunctive claim is dismissed.

Reasons

1. Facts of recognition;

A. E, the representative of the Plaintiff, filed a complaint against F and G with the following purport: F and G, by deceiving himself and deceiving 310,000,000 won.

F and G drafted a letter of payment performance to E on November 9, 2015, and to pay KRW 200,000,000 by January 10, 2016, and D guaranteed obligations owed by F and G under the said letter.

E around February 2017, the Plaintiff transferred the claim against D based on the above letter to the Plaintiff and notified the transfer.

On March 24, 2017, the Plaintiff was sentenced to the judgment that “D shall jointly and severally pay the Plaintiff KRW 200,000,000 and delay damages therefor,” and the judgment was finalized as it became final and conclusive as it was, even though D appealed appealed.

B. On June 8, 2016, the Daejeon District Court completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) as of June 10, 2016 on the real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On February 24, 2017, the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) was completed on the grounds of the same registry office (hereinafter “instant sales contract”) as the receipt No. 12099, Mar. 14, 2017.

C. Defendant B entered into a trust agreement on March 14, 2017 with Defendant C Co., Ltd. (hereinafter “Defendant trust company”), and completed the registration of ownership transfer as the receipt No. 12100 on March 14, 2017.

[Ground of recognition] Gap evidence Nos. 1, 2, 9, Eul evidence Nos. 16 (including paper numbers), the purport of the whole pleadings

2. Determination as to the primary and primary claims

A. The parties’ assertion 1 is between the Defendant B while the Plaintiff D’s assertion exceeded its obligation.

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