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(영문) 서울중앙지방법원 2016.08.25 2015가합560009
사해행위취소
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 December 29, 2009, the Plaintiff acquired a claim for private equity bonds equivalent to KRW 30 billion in principal from the National Federation of Fisheries Cooperatives (hereinafter “NFFC”) against NFC’s Pream Industry Co., Ltd. (hereinafter “Pelim industry”), and NFFC sent a content-certified mail that notifies the above assignment of the claim to PPPP industry around January 5, 2010, and the above content-certified mail reached the PP industry around that time.

B. On May 10, 2012, the winding industry was decided to commence rehabilitation proceedings for the winding industry and the Plaintiff’s rehabilitation security right inspection judgment 1). The Plaintiff and the Defendant reported rehabilitation claims for the winding industry under the above rehabilitation proceedings. Meanwhile, the Defendant filed a claim for a final inspection judgment for rehabilitation security rights as the Seoul Central District Court 2012 Pung1724 with respect to the claims, among claims entered in the list of creditors, etc. or reported under the above rehabilitation proceedings, for which the winding industry’s legal administrator did not receive the time limit from the winding industry.

3) From the final inspection judgment of the above rehabilitation security right, the Defendant and the Pung Forest Industry determined that “The Defendant’s rehabilitation security right to the Pung Forest Industry is KRW 22,691,00,000,000” is a judicial reconciliation (hereinafter “judicial reconciliation in this case”).

A. [The fact that there is no dispute over the grounds for recognition, the entry in Gap evidence 1 to 6, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff’s assertion 1 of the party-based party’s assertion was that the Defendant filed a final inspection judgment on rehabilitation claims that failed to secure legitimate security rights in the rehabilitation procedure for the scenic industry, and subsequently, concluded a rehabilitation security agreement to provide the rehabilitation security rights that additionally recognized the rehabilitation security right of KRW 22,691,00,000 through judicial reconciliation in collusion with the wind-based industry, thereby doing so.

Therefore, the plaintiff is the defendant and the scenic industry.

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