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(영문) 서울서부지방법원 2019.05.10 2019가단202507

사해행위취소

Text

1. A pre-contract is made on November 23, 2018 with regard to the building and land listed in the separate sheet between the Defendant and D.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

However, on April 2, 2019, when the plaintiff succeeding intervenor was pending in the lawsuit of this case, the fact that the plaintiff succeeded to the lawsuit of this case transferred the preserved claim of this case from the plaintiff.

2. A judgment rendered without a claim against the defendant by the plaintiff's succeeding intervenor: Articles 208 (3) 1 and 257 of the Civil Procedure Act;

3. According to the Plaintiff’s claim records against the Defendant, it is recognized that the Plaintiff transferred all the preserved claims against the Plaintiff’s succeeding intervenor in the lawsuit seeking revocation of the fraudulent act in this case. Thus, the Plaintiff’s lawsuit seeking revocation of the fraudulent act in this case is unlawful as it

The Plaintiff filed an application for withdrawal from a lawsuit on April 25, 2019, after the Plaintiff filed an application for intervention by succession, but it is not recognized that the consent of the other party to the application for withdrawal is not accepted, and as long as it cannot be deemed that the withdrawal was effective because the Defendant did not submit an explicit consent, it is so decided as per Disposition 3.