beta
(영문) 대전지방법원천안지원 2019.12.19 2019가단111567

사해행위취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The purpose of the claim in civil procedure is to clearly identify its contents and scope so that it can be clearly identified, and the determination of the purport of the claim is to be examined ex officio. Thus, where the purport of the claim is not specified, the court shall order ex officio correction and dismiss the lawsuit if it does not comply with the order of correction.

(See Supreme Court Decision 201Da111459 Decided March 13, 2014. The subject of the instant complaint and the cause of the instant claim are unclear, such as: (a) the omission of the purport to request the revocation of a fraudulent act against the Defendant; or (b) the content to seek the revocation of a specific juristic act; and (c) the Plaintiff’s attorney did not comply with the request for correction to clarify the recommendation for correction and purport of the claim as of August 13, 2019 of this Court (the first date for pleading).

Thus, the lawsuit of this case is unlawful and dismissed.