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(영문) 수원지방법원안양지원 2017.09.28 2016가단105976

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion has a claim against C with the Seoul Central District Court Decision 2013Gahap52714, Seoul Central District Court Decision 2013Gahap52714, and C entered into a contract with the Defendant for creation of a collateral security and a pre-sale agreement with regard to one-half share of real estate stated in the separate sheet, the sole collateral value of which is available, and completed each registration stated in paragraph (2).

This constitutes a fraudulent act against the plaintiff, and thus the above contract to establish a mortgage and the promise to purchase and sell each of the above registrations are cancelled, and the above registration procedure is to be enforced.

B. As there is no dispute between the parties that the Plaintiff’s claim for judgment against C, the preserved claim for revocation of the fraudulent act in this case, was fully repaid, the Plaintiff’s claim of this case is without merit without further review.

2. The plaintiff's claim is dismissed.