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(영문) 서울서부지방법원 2016.03.31 2015가단25139
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. As to the legitimacy of the instant lawsuit, the Plaintiff is a creditor based on the final judgment in the Seoul Western District Court Decision 98Gau32400 of the Seoul Western District Court and the court 2008Gau22259 of the same court. The Defendant, in collusion with the same construction company on January 15, 2001, entered into a contract to sell the pertinent DNA apartment Nos. 307 and 2107 (hereinafter “instant real estate”) to C, one of its children (hereinafter “instant sales contract”). The Plaintiff asserted that the instant sales contract completed the registration of ownership transfer on October 12, 2004, on the ground that it was a fraudulent act.

On the other hand, in a lawsuit seeking the revocation of a fraudulent act by a creditor, along with the revocation of a fraudulent act, the creditor is only the beneficiary or subsequent purchaser, and the debtor has no standing to be the defendant (Supreme Court Decision 2008Da72394 Decided January 15, 2009). Thus, even if the plaintiff's assertion is based on the plaintiff's assertion, the defendant is only the debtor against the plaintiff, and it cannot be deemed the beneficiary or subsequent purchaser due to the contract of this case. Thus, the lawsuit against the defendant is unlawful as there is no standing to be

2. The instant lawsuit is dismissed as unlawful.

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