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(영문) 부산지방법원 동부지원 2018.10.02 2018가단207696

사해행위취소

Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. As to real estate listed in the separate sheet:

A. The Defendants.

Reasons

1. On its own initiative with respect to Defendant B, the Plaintiff asserted that the sales contract between Defendant B and Defendant C, the debtor, was a fraudulent act, and sought the revocation and reinstatement of the contract. In a lawsuit seeking the revocation of a fraudulent act by the creditor to recover the responsible property together with the revocation of the fraudulent act, the creditor has only the beneficiary or subsequent purchaser, and the debtor has no standing to be the defendant.

(1) As to the Plaintiff’s lawsuit, this part of the lawsuit is unlawful, and thus, it is so decided as per Disposition by the assent of all participating Justices on January 15, 2009.

2. Part as to Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

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