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(영문) 수원지방법원안산지원 2017.10.26 2017가합251
사해행위취소
Text

1.(a)

A transfer contract concluded on August 5, 2016 between the Defendant and C on each machine listed in the separate sheet of movable property.

Reasons

1. Indication of claim (Plaintiff's assertion);

A. On February 24, 2016, the Plaintiff drafted a notarized deed No. 177 of D Notaries Joint Office No. 2016, stating the purport that “C shall pay a total of KRW 165,800,000 to the Plaintiff in eight installments until December 30, 2016” between C and C, stating that “A shall pay the Plaintiff in eight installments.”

B. C, with knowledge of the fact that it would prejudice the Plaintiff, a creditor, entered into a contract with the Defendant on August 5, 2016, under which each machine listed in the separate sheet of movable property owned by C was transferred to the Defendant, and on the same day, delivered each machine to the Defendant on the same day.

C. Therefore, between the Plaintiff and the Defendant, the transfer contract between C and the Defendant on August 5, 2016 is sought to be revoked as a fraudulent act.

Furthermore, the defendant has a duty to deliver each of the above machinery to C by reinstatement following cancellation.

2. Judgment based on the recommendation of confession, Article 208 (3) 2 of the Civil Procedure Act, the main sentence of Article 150 (3) and the main sentence of paragraph (1) of the same Article.

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