logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.10.24 2013나11097
사해행위취소등
Text

1. At the request of the plaintiff that was changed in exchange at the trial, the defendant B shall enter the attached list in the plaintiff.

Reasons

1. Judgment as to the main claim

A. If Gap's evidence Nos. 1 through 5, 13, and 17 added the purport of the entire pleading as to the claim against defendant Eul, the defendant Eul entered into a contract for the construction work of the building including the loan of this case with the defendant Eul around 1999 and decided that the construction cost will be paid in kind with the loan of this case. At that time, Eul subcontracted part of the above construction work contracted by the defendant Eul to the plaintiff, and Eul confirmed that the construction cost obligation against the plaintiff was KRW 80,30,00, June 5, 2001, Eul ordered the plaintiff to transfer all rights such as the right to claim for the transfer of ownership registration of the loan of this case held against the defendant Eul, and the defendant Eul consented to the above transfer.

Therefore, Defendant B, the obligor of the right to claim the transfer registration of the ownership of the loan of this case, who consented to the transfer, is obligated to implement the procedure for the transfer registration of the ownership on June 5, 2001 with respect to the loan of this case to the Plaintiff as the assignee.

B. 1) Determination as to the claim against Defendant C: (a) the Plaintiff, as described in the above paragraph (a), has the right to claim the registration of transfer of ownership against Defendant B; (b) in order to preserve the right to claim the registration of transfer of ownership against Defendant B on the ground that Defendant B sold the instant loan to Defendant C, the Plaintiff sought the revocation of the sales contract for the instant loan between the Defendants in order to preserve the right to claim the registration of transfer of ownership; (c) however, the right to claim the revocation of the sales contract for the instant loan between the Defendants was to prevent the decrease of the obligor’s responsible property, which is the joint security of the obligee; and (d) thus, it is impossible to exercise the right to claim the registration of transfer of ownership against the specific object (see Supreme Court Decision 87Meu1586, Feb. 23, 198; 2006

arrow