사해행위취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In civil procedure, the purport of the claim shall be clearly specified so as to clearly identify the contents and scope thereof. Since the issue of determining the purport of the claim is the matter to be examined ex officio, where the purport of the claim is not specified, the court shall ex officio order the correction and dismiss the lawsuit when it does not comply with the order of correction.
(See Supreme Court Decision 201Da11459 Decided March 13, 2014). The Plaintiff asserted that C’s creditor, as a creditor, donated money to the Defendant from January 1, 2018 to July 31, 2019, was a fraudulent act, and submitted the instant complaint and the instant application for modification of the purport of the claim, stating the same as the claim for non-specific date and amount of the gift contract, which is a juristic act seeking revocation, as the content of the non-specific claim.
Accordingly, on April 28, 2020, the court issued an order of correction on the following: “The date and content of each gift agreement alleged as fraudulent by the Plaintiff is specified specifically, and the purport of the claim is complied with.” On April 28, 2020, the Plaintiff did not comply with the order of correction even after receiving the above order of correction on April 28, 2020, with the lapse of the correction period of 14 days specified in the order of correction.
Therefore, the instant lawsuit is unlawful, and thus, the instant lawsuit is dismissed by judgment pursuant to Article 219 of the Civil Procedure Act.