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(영문) 부산지방법원 2020.04.23 2019가단313387
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that C had a claim against C based on the payment order in the Seoul Central District Court Decision 2017 tea287399 (hereinafter “instant payment order”). On December 18, 2017, C consulted on the division of inherited property concerning the instant real estate, which is the only property between the Defendant and the Defendant, and completed the registration of ownership transfer under the name of the Defendant, such as the purport of the claim, with respect to the instant real estate.

The above agreement on division of inherited property between the defendant and C constitutes a fraudulent act detrimental to general creditors including the plaintiff, and thus, the registration of transfer of ownership in the above defendant's name shall be revoked and revoked.

2. Determination

A. Where the legal relationship in which res judicata of the established prior suit is res judicata becomes the first issue of the subsequent suit even if the subject matter of the prior suit is not the subject matter of the subsequent suit, the judgment of the final judgment of the previous suit becomes the first issue of the subsequent suit and

(See Supreme Court Decision 98Da18155 delivered on June 9, 2000, etc.). B.

If the purport of the entire argument is added to the statements in the evidence Nos. 6 and 7, the Seoul Central District Court 2019Kadan5124881 case filed against the plaintiff on February 11, 2020 rendered a ruling of refusing compulsory execution based on the payment order of this case on the ground that the exemption from the responsibility was exempted from the immunity, and the above ruling became final and conclusive on March 4, 2020.

C. According to the above facts, res judicata as to the existence of a claim against C by the plaintiff which became final and conclusive in the judgment of the above claim objection shall affect the lawsuit for the revocation of the fraudulent act of this case, which is a subsequent suit for the issue of prior determination. Thus, this court cannot make any judgment different from the final and conclusive judgment of the previous suit. Thus, the plaintiff's claim of this case against C as a preserved claim is without merit without further examining it.

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