사해행위의 취소를 법원에 제소하는 방법으로 청구할 수 있을 뿐임[국패]
Seoul Central District Court 2012Kadan82099 ( October 04, 2013)
may file a claim with the court for the revocation of a fraudulent act.
(As with the judgment of the first instance court), where an obligor has done a juristic act for the purpose of property right with the knowledge that it would prejudice the obligee, the obligee can only file a claim with the court for the revocation of the fraudulent act, but may not claim it as an attack and defense method in a lawsuit
2013 or 9047 Confirmation of a person entitled to deposit money
LAAA
Korea
Seoul Central District Court Decision 2012Gadan82099 Decided January 4, 2013
May 30, 2013
June 20, 2013
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
1. Purport of claim
On November 29, 2011, the Seoul Central District Court confirmed that the right to claim for payment of deposit of KRW 000 deposited in gold No. 23911 on November 29, 201 is against the Plaintiff.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
The reasoning of this court's reasoning is the same as that of the judgment of the court of first instance. Thus, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.