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(영문) 수원지방법원안양지원 2016.08.19 2014가단114648
사해행위취소
Text

1. The contract to establish a right to collateral security concluded on September 3, 2014 between the Defendant and C regarding the real estate stated in the attached list.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act:

3. The plaintiff asserts the claim for consolation money and the claim for division of property against C, the former spouse, as the preserved claim for revocation of the fraudulent act in this case. The claim for revocation of the fraudulent act for preservation of the claim for division of property belongs to a family litigation case of Article 2 (1) 1 (c) (iv) of the Family Litigation Act and the family litigation case of Article 2 (1) of the Family Litigation Act (Article 2 (1) of the Family Litigation Act). Thus, it may be problematic whether the lawsuit in this case is in violation of the jurisdiction of the family court (Article 2 (1) of the Family Litigation Act). However, the claim for revocation of the fraudulent act for preserving the claim for consolation money is a general civil procedure under the current law, and it is not permissible to consolidate the family litigation and civil litigation, and the addition or exchange of the claim that the creditor intends to preserve while claiming revocation of the fraudulent act is changing the argument on the method of attack, and it is not possible to change the lawsuit (see Supreme Court Decision 2001Da13532, May 27, 2003).

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