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(영문) 춘천지방법원영월지원 2015.02.04 2014가단3851

사해행위취소

Text

1. Dismissal of the claim for cancellation of the mortgage contract among the lawsuit of this case

2. The defendant B and the non-party D are as follows.

Reasons

1. On July 3, 2014, the Plaintiff dismissed the part of the Plaintiff: (a) asserting that a donation contract concluded on July 3, 2014 with respect to real estate listed in the separate sheet between Defendant B and Nonparty D was a fraudulent act; (b) sought revocation of a mortgage contract concluded on July 3, 2014 by Defendant B and the subsequent purchaser on real estate listed in the separate sheet by Defendant C, a beneficiary; (c) however, a fraudulent act subject to the right to revoke a fraudulent act is a juristic act committed by the debtor; and (d) sought restitution to the subsequent purchaser together with the revocation of a fraudulent act between the debtor and the beneficiary; (c) therefore,

Therefore, the part of the claim for cancellation of the contract to establish a neighboring political party among the lawsuit of this case is unlawful and thus dismissed.

2. A cited part;

A. The remainder of the claim, excluding the part of the claim cancellation of the contract to establish a mortgage, as the reasons for the indication of the claim

(b) Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts.