사해행위취소
1. The plaintiff's lawsuit against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The summary of the Plaintiff’s assertion is as shown in the annexed sheet of claim.
2. We examine the legitimacy of the instant lawsuit filed by the Plaintiff. A.
The obligee’s right of revocation is unlawful in a lawsuit seeking revocation of a fraudulent act, since it is the right to revoke the act in which the obligor has reduced his/her general property with the knowledge that it would prejudice the obligee and restore the obligor’s property to its original state. Thus, in a lawsuit seeking revocation of a fraudulent act, if the obligee’s right to preserve is required, and
B. If the Plaintiff’s claim for the revocation of the fraudulent act in this case is lawful, the Plaintiff should have a claim for construction cost against C corporation as its preserved right.
In light of whether the Plaintiff has a claim for construction price against C, the evidence No. 1 cannot be used as evidence because there is no evidence to prove the authenticity of the claim, and it is insufficient to recognize the above only by the evidence Nos. 5 and 6, and there is no other evidence to acknowledge it.
C. If so, the claim for revocation of the fraudulent act in this case cannot be acknowledged as having the right to preserve.
3. According to the conclusion, the Plaintiff’s lawsuit against the Defendants is dismissed.