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(영문) 창원지방법원거창지원 2020.04.28 2019가단11512

사해행위취소

Text

1. The title trust agreement entered into between the defendant and C on the Nonghyup account (Account Number D) shall be revoked.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment with no ground for recognition (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);

3. The part partially dismissed is the obligation to pay compensation for the value arising from the revocation of the fraudulent act occurs only when the formation of the judgment on the revocation of the fraudulent act, which is the premise thereof, becomes final and conclusive, and thus, the obligation to pay compensation for the damages for delay cannot be held liable until the judgment becomes final

Since the proviso of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings is applied to a claim for damages for delay from the day after the judgment becomes final and conclusive, the rate of damages for delay shall be 5% per annum as stipulated in the Civil Act, and the exceeding part shall be dismissed.