사해행위취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On September 14, 2015, the Plaintiff acquired D’s right from the Plaintiff to obtain KRW 45,00,000 from the Plaintiff, and transferred the above goodwill to the Defendant, which is the only property of the Plaintiff, in excess of the debt, without paying the above acquisition amount. This constitutes a fraudulent act, and thus, should be revoked, and the Defendant should pay the Plaintiff KRW 45,00,000.
This Court ordered the Plaintiff on January 19, 2017 to specify the purport of the claim by specifying the date of transfer of business rights between C and the Defendant by March 9, 2017, which is the fifth date for pleading. However, the Plaintiff failed to specify the purport of the claim by April 6, 2017, which is the date of closing the argument in this case.
Therefore, the instant lawsuit should be dismissed as it is unlawful because the purport of the claim regarding the subject matter of revocation of the fraudulent act is not specified.