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(영문) 부산지방법원 2016.06.02 2015나4624
가액배상
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is by the main text of Article 420 of the Civil Procedure Act

2. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff’s assertion is that the instant sales contract entered into between the Plaintiff and the Defendant for the cancellation of the said sales contract and the restoration to its original state on the ground that the said contract was a fraudulent act.

B. We examine ex officio the judgment ex officio. The judgment becomes final and conclusive upon winning a claim for cancellation of and restitution to the same creditor with respect to a fraudulent act, and upon completion of restoration of the property or value, the other creditor’s claim for cancellation and restitution to the original status will no longer benefit in the protection of rights to the extent that overlap (see, e.g., Supreme Court Decisions 2003Da19558, Jul. 11, 2003; 201Da110579, Apr. 12, 2012). E against the defendant, the Seoul Eastern District Court 2013Da5681, supra, entered claims based on the payment order of 2010/2410 among the real property of this case as preserved claims, and entered the ownership transfer registration of 2010/2431 among the real property of this case and the claim for restitution to the original status of 150/150 of the contract of this case between the defendant and 2015.

According to the above facts of recognition, the plaintiff's instant case.

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