logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.03.31 2015가단103549
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. On March 16, 2011, the Plaintiff asserted that C Co., Ltd. was in excess of its obligation, and the Defendant agreed from C Co., Ltd. to receive payment in lieu of the Plaintiff’s name, thereby completing the registration of initial ownership relating to C Co., Ltd. following the procedure for changing the name of the owner.

Accordingly, the plaintiff, a creditor who has a claim amounting to KRW 75,570,000 against C, is seeking revocation of the above payment agreement as the exercise of the right to revoke the fraudulent act, and seek cancellation of the registration of ownership preservation and implementation of the procedure for change of the name of the owner.

(b) Where an obligor in the form of a juristic act which has become the object of a property right with knowledge that it harms the obligee, the obligee may apply to the court for its revocation and restitution;

(Article 406(1) main text of the Civil Act). In this context, barring any special circumstance, an obligee should have a claim at the time when the obligor performs a juristic act for the purpose of property right with knowledge that it would prejudice the obligee.

(2) On March 31, 201, the Plaintiff concluded a new construction of electric power, fire fighting, telecommunications construction contract with C Co., Ltd. and Gangwon-do F, G, H, I, and E ground penology (hereinafter “instant penology”) at KRW 120,00,00,00 in consideration of the construction cost incurred by C Co., Ltd. and C Co., Ltd. until C Co., Ltd., the representative director on September 20, 201, and the Plaintiff paid KRW 90,000,000,000 in consideration of the materials cost incurred by C Co., Ltd. (including the fact that there is no dispute)

arrow