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(영문) 대구지방법원상주지원 2020.10.20 2020가단6497

사해행위취소

Text

1. A sales contract concluded on June 14, 2019 between the Defendant and C Co., Ltd. regarding each of the real estate listed in the separate sheet.

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.

3. Partial dismissal: The proviso of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings excludes the application of the main text in cases where a lawsuit for future performance is filed. However, in a fraudulent act lawsuit, a claim for compensation for value is sought for future performance and is subject to the proviso of the above Article, and thus, the ratio of the damages for delay shall be calculated

In a lawsuit seeking revocation of a fraudulent act, damages for delay on the equivalent amount of compensation shall be added from the day after the judgment becomes final.

(see, e.g., Supreme Court Decision 2000Da3583, Jun. 24, 2002)