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(영문) 수원지방법원 2014.04.11 2012나48265

사해행위취소

Text

1. The plaintiff, which was added to the trial of the court of first instance among the instant lawsuit, shall be deemed to have been null and void of a share sales contract concluded before April 1, 201.

Reasons

1. Confirmation of the absence of a contract for the purchase and sale of shares concluded before April 1, 201, and whether the primary and primary claims regarding the purchase and sale of shares were lawful as of March 7, 2011

A. Although a lawsuit for confirmation of legal principles does not necessarily limited to the legal relations between the parties, but can be the legal relations between one party and a third party or between third parties. However, for the benefit of confirmation of the above legal relations, the plaintiff's rights or legal status should be caused in accordance with the legal relations, and the risk or apprehension should be caused, and it is necessary to immediately confirm the legal relations in order to eliminate the risk or apprehension, and it should be the most effective and appropriate means of confirmation (see Supreme Court Decision 94Da23388, Nov. 8, 1994). Thus, in a case where the plaintiff's rights or legal status is threatened or interfered with by the plaintiff's rejection or argument from the defendants, the plaintiff must seek confirmation of his/her own rights or legal relations against the defendants, and the defendants' rights or legal relations are asserted against the third party that cannot be compatible with their assertion and thus, the plaintiff's claim or legal status cannot be confirmed by the judgment of the defendants, even if the plaintiff's existing rights or legal relations against the third party are not confirmed by the defendants's judgment.

B. (See Supreme Court Decision 94Da59257 delivered on May 26, 1995).