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(영문) 대전지방법원홍성지원 2016.01.13 2015가단9554

사해행위취소

Text

1. The contract of donation concluded on March 11, 2014 between the Defendant and C is revoked with respect to the area of 215 square meters in Boan-si D in Boan-si.

2...

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment with no applicable provisions of Acts (Article 208 (3) 1 of the Civil Procedure Act);

3. As to partial dismissal damages, the Plaintiff claimed for the payment of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the day when the judgment in this case became final and conclusive until the judgment in this case becomes final and conclusive, and the proviso of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is excluded from the application of the main text of the same Article in cases where the judgment in this case becomes final and conclusive. The claim for damages for delay after the date when the judgment in this case becomes final and conclusive shall be subject to the statutory interest rate of 5% per annum under the Civil Act. Thus, the Plaintiff’s claim for damages for delay in this case shall be without merit.