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(영문) 창원지방법원 2017.01.12 2015가단18124
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. It was concluded on June 8, 2015 between Defendant B and Defendant C.

Reasons

1. Basic facts

A. On February 25, 2013, Defendant C was awarded a successful bid for each of the real estate listed in the separate sheet owned by the Geumsan Medical Foundation (hereinafter “The Geumsan Medical Foundation”) (hereinafter “instant real estate”).

B. On June 3, 2014, D entered into an agreement on the assignment of claims between the Plaintiff and D to transfer the claim for the return of investment amounting to KRW 160 million against D’s Defendant.

Pursuant to the above assignment contract, D notified the Defendant of the assignment of claims on June 17, 2014.

C. On June 1, 2015, Defendant C established Defendant B Co., Ltd. (hereinafter “Defendant Company”) for the purpose of real estate leasing business.

On June 8, 2015, Defendant E concluded a contract for the transfer of the instant real estate under Article 32(1) of the Restriction of Special Taxation Act with Defendant Company and concluded such contract to transfer it to Defendant Company (hereinafter “instant contract for the transfer of the instant real estate”). On July 13, 2015, Defendant E completed the transfer of the ownership (hereinafter “instant transfer of the ownership”) on the ground of the said contract for the transfer of the said real estate under Article 51599, which was received by the Busan District Court’s Northern Branch Office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 8, 12 through 15, Eul evidence No. 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on this safety defense

A. The assignment of claims between the Plaintiff and D by the Defendants’ principal safety defense is a litigation trust with the focus of making a false conspiracy or having the Defendants conduct litigation without paying a claim, and Article 6 of the Trust Act is invalid by analogy.

Therefore, the lawsuit of this case filed by the plaintiff who is not qualified as a party shall be dismissed as unlawful.

B. In a case where the assignment of claims, etc. primarily takes place with the intention of making judgment litigation, Article 6 of the Trust Act shall be deemed null and void because Article 6 of the Trust Act is applied mutatis mutandis even if the assignment of claims does not fall under a trust under the Trust Act. In such a case

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