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(영문) 서울북부지방법원 2019.01.17 2016가합24646
사해행위취소
Text

1. Each lawsuit against C and D against the bankrupt party B, who is the plaintiff's taking over the lawsuit against the defendant B, respectively.

Reasons

1. Basic facts

A. Plaintiff’s preserved claim 1) The Plaintiff filed a lawsuit against G and F against G and F with Seoul Central District Court 2014Gahap46155. On November 28, 2014, the said court rendered a judgment that “G and F jointly and severally pay to the Plaintiff the amount of KRW 9,395,562,796 and KRW 4,500,000 per annum for KRW 21% per annum from June 12, 2003 to the date of full payment,” which became final and conclusive as of December 20, 2014 (hereinafter the Plaintiff’s above claim against F).

2) On the other hand, the bankruptcy trustee of H Co., Ltd. filed a lawsuit against G and F seeking a loan as Seoul Central District Court 2006Gahap7921, and on August 31, 2007, the conciliation was concluded between the bankruptcy trustee of H Co., Ltd. and F and the bankruptcy trustee of H Co., Ltd. and the Korea Deposit Insurance Corporation of the bankrupt on August 31, 2007, that “F shall pay to the bankruptcy trustee of H Co., Ltd. the amount of KRW 2,490,455,134 by December 31, 2007, and if any delay is delayed, the amount of delay damages by adding 20% per annum.

After then, the bankruptcy trustee of the bankrupt HH corporation transferred the claim under the above conciliation protocol to the plaintiff.

(B) The Plaintiff’s above credit against F (hereinafter “acquisition money claim”).

F. F. F. F. F. F. F. F. F. F. (hereinafter referred to as “instant real estate”) of each real estate listed in attached Form 1.

) The title truster, who held the title trust to Eul and J, was merged into K Co., Ltd. (B) on June 26, 2015) as the actual owner.

B On January 31, 2018, when the lawsuit of this case is pending, the Seoul Rehabilitation Court 2017Hahap10001, 10001, 10039 (Joint) and 10040 (Joint) were declared bankrupt, and C was appointed as bankruptcy trustee on the same day and taken over the lawsuit of this case.

In the lower court, both the corporation B and the trustee in bankruptcy, which are the parties to the lawsuit, before and after the trade name change, are not divided.

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