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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. The obligee’s right of revocation is a right to revoke the obligor’s act of disposal of the property made by the fraudulent act and to recover it to its original state, and is not a right to exclusively satisfy the obligee who exercises the obligee’s right of revocation on the ground of the obligor’s fraudulent act, and is not a right to exclusively satisfy the obligee who exercises the obligee’s right of revocation on the ground of the obligor’s fraudulent act. In the event that the obligee filed a lawsuit against the beneficiary for revocation or termination of the fraudulent act and the obligee’s right of revocation is reinstated on the ground of the obligor’s fraudulent act while the lawsuit is pending, and the obligee’s right of revocation is returned to the obligor by the revocation of the fraudulent act, barring any special circumstance,
(See Supreme Court Decision 2007Da85157 Decided March 27, 2008). 2. We examine the instant case in light of the aforementioned legal principles.
The instant lawsuit sought restitution of the responsible property through the cancellation of the instant claim assignment contract on November 7, 2017 on the ground that the instant claim between the Defendant and the Nonparty Company was a fraudulent act detrimental to the Plaintiff, who is the creditor of the Nonparty Company, on the ground that the instant claim assignment contract between the Defendant and the Nonparty Company was a fraudulent act. According to the evidence No. 15-1 through No. 3, the Defendant entered into an agreement on the assignment of claims between the Nonparty Company and the Nonparty Company on July 10, 2018, which was the date of the instant lawsuit, to transfer the entire claim of this case to the Nonparty Company again, and on
According to the above facts, since the purpose of the plaintiff's realization by the lawsuit of this case has already been achieved, the lawsuit of this case is unlawful as there is no benefit of protection of rights.
3. The instant lawsuit is dismissed.