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(영문) 광주지방법원 2016.09.29 2016가단6168
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's defense against the plaintiff's request for the implementation of the procedure for registration of cancellation as stated in the purport of the claim as the revocation and restitution of the original state as follows. Thus, it means the date when the creditor becomes aware of the requirements for the obligee's right of revocation in the exercise of the obligee's right of revocation, that is, the date when the obligee becomes aware of the fact that the obligor committed a fraudulent act while being aware of the obligee's damage to the obligee. Thus, it is insufficient to simply say that the obligor's act of disposal of the property is an act detrimental to the obligee. In other words, the legal act is not sufficient to satisfy the obligee's claim as a whole because the obligor's joint security of the claim is insufficient, or it is impossible to fully satisfy the claim due to the lack of the joint security of the claim, and further, it is necessary to know that the obligor had the intent to deceive the obligor. Thus, there is no evidence to prove that the plaintiff's lawsuit in this case was an act detrimental to the obligee's legal act and the above legal act.

2. Judgment on the merits

A. (1) Determination as to the occurrence of obligee’s right of revocation (A) The Plaintiff of the preserved claim filed an application with Nonparty B for a payment order with the Seoul Western District Court 2015 tea29109, and filed on June 1, 2015, for the payment order with the obligee for the amount of KRW 8,581,474 and the amount of KRW 1,95,500 among the creditors and the amount of KRW 8,581,474, and the amount of KRW 1,995,50 per annum from April 23, 2015 to the date of full payment. As such, the confirmation of October 1, 2015 can be recognized by the statement in the evidence No. 3, and thus, the preserved claim is recognized.

B. The debtor's fraudulent act and the statement of Gap's 1 through 7 shall be made in Gwangju Metropolitan City.

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