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(영문) 부산고등법원 2016.05.26 2015나5071

사해행위취소

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420

2. In a case where a creditor who has filed a lawsuit against the Defendants is entitled to a favorable judgment against the same creditor as to a fraudulent act, and the judgment becomes final and conclusive upon receipt of a favorable judgment against the said creditor, and where the said creditor’s claim for cancellation and restitution of the property or value has been completed accordingly, the claim for cancellation and restitution of the said creditor’s rights will no longer benefit in the protection of rights to the extent that it overlap (see, e.g., Supreme Court Decision 2003Da19558, Jul. 11, 2003). In full view of each of the statements in the evidence Nos. 1 and 2, M, based on the whole purport of the pleadings as to the claim against the green space as the preserved claim, seeking cancellation and restitution of the contract on August 3, 2011 between Defendant D and its green space, on the ground that the sales contract concluded on August 3, 2011 was a fraudulent act, and each of the above judgments rendered in favor of the Defendants (Ulsan District Court Decision 2015Da16796, Ulsan.14696, respectively).

According to the above facts, the plaintiffs' claim for cancellation and restitution of the creditor of this case is unlawful because there is no benefit of protection of rights.

3. If so, the lawsuit of this case is dismissed, and the judgment of the court of first instance is unfair with different conclusions, and thus the judgment of the court of first instance is revoked and dismissed.

The burden of litigation costs shall be determined as per Disposition in consideration of the aforementioned circumstances, where ownership transfer registration is cancelled after the closing of the argument in the first instance.