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(영문) 인천지방법원 2013. 12. 27. 선고 2013가단234362 판결

채무자와 피고 사이의 채권양도계약은 사해행위에 해당함[국승]

Title

The assignment contract between the debtor and the defendant constitutes a fraudulent act.

Summary

Any contract entered into between the debtor and the defendant in excess of his/her obligation shall be revoked as a fraudulent act, and the defendant shall be notified thereof.

Related statutes

§ 406. Revocation of Civil Code

Cases

2013 Ghana 234362 Revocation of fraudulent act

Plaintiff

Korea

Defendant

United StatesA

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

December 27, 2013

Text

1. A. A. Revocation of a share transfer agreement concluded on October 6, 201 with respect to the shares listed in the separate sheet between the Defendant and the UB.

B. The defendant has given notice to CCC to the effect that the transfer contract for the above shares was revoked.

2. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

Main claim: Section 1 of this Article

Preliminary claim: It is confirmed that the share transfer contract entered into on October 6, 201 between the defendant and the UB on the shares listed in the separate sheet is invalid.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings: Articles 208 (3) 1 and 257 of the Civil Procedure Act;