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(영문) 서울중앙지방법원 2018.10.05 2017가단50097
사해행위취소 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 29, 2008, the Plaintiff agreed to make installment payments of KRW 15,000,000 from Korea Standards (hereinafter “Nonindicted Company”) on July 29, 200 to pay the principal and interest in installments with a maturity of KRW 15,00,000 on July 29, 201, and agreed to lose the benefit of time when the repayment of the principal and interest in installment was delayed, but the Plaintiff lost the benefit of time due to its failure to perform it properly.

B. On August 20, 2012, the non-party company transferred the claim to the transferee to the Plaintiff (at the time of the transfer of the claim to the transferee, but on April 1, 2015, the company changed its trade name to the transferee loan company by Mson F&A; hereinafter “previous Plaintiff”) and notified the Plaintiff of the transfer of the claim. Around that time, the non-party company reached the time.

Since then, as Seoul Central District Court Decision 2012 tea186456, “The Plaintiff shall pay to the previous Plaintiff KRW 4,768,254 and 2,93,400 among them at a rate of 20% per annum from the day following the day on which the original copy of the payment order was served to the Plaintiff”, the above court applied for a payment order and decided to accept the previous Plaintiff’s application on November 8, 2012, and the above payment order was served to the Plaintiff on November 23, 2012 but became final and conclusive on December 8, 2012 because the Plaintiff did not raise any objection.

C. The Plaintiff completed the registration of ownership transfer between the Plaintiff and the Defendant on April 26, 2017 as the District Court No. 21581, which received on May 26, 2017, with respect to the real estate listed in the attached list, based on inheritance due to a consultation division between the Plaintiff and the Defendant.

On June 5, 2017, the previous Plaintiff received a complaint against the Defendant seeking revocation of fraudulent act and restitution to the original state from the competent court. The Plaintiff is undergoing rehabilitation proceedings upon authorization of the commencement order on February 28, 2018 and the repayment plan on April 19, 2018 in the individual rehabilitation procedure initiated by the Chuncheon District Court 2017 Session 8126, respectively. The previous Plaintiff reported its claim as a rehabilitation claim, and the procedure of the instant lawsuit is the Plaintiff.

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