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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The Plaintiff has a claim for the construction cost amounting to KRW 17,484,180,180, as long as it was not paid out of the electrical construction costs, such as the distribution of Maero Commercial Site non-9 block, and the broadcasting facilities in the Dondon Don Don Donium.
B. On July 26, 2016, the Defendant transferred the investment certificates listed in the separate sheet owned by the Defendant to the Gangwon-gu Co., Ltd., which caused or deepened the shortage of common security for general creditors including the Plaintiff. As such, the said transfer contract constitutes a fraudulent act, and the beneficiary’s intent is presumed to be intentional. Therefore, the said transfer contract should be revoked.
C. As a result of restitution following the revocation of such fraudulent act, the Defendant, the obligor, is obligated to accept the contribution certificates from the Gangwon-do Co., Ltd.
2. Determination:
(a) If the obligee intends to exercise the obligee’s right of revocation, he shall not bring an action against the obligor against the person who has obtained or acquired the benefit by the fraudulent act, or against the person who acquired it, claiming the revocation of the juristic act.
(See Supreme Court Decision 91Da13717 delivered on August 13, 1991). However, it is evident that the defendant cannot have the qualification as the debtor in the lawsuit seeking revocation of the fraudulent act in this case.
B. If so, the instant lawsuit is unlawful, and it is so decided as per Disposition.