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(영문) 울산지방법원 2016.06.01 2016가단50039
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff, in collusion with the Defendant for the purpose of evading the Plaintiff’s claim against the Plaintiff, and completed registration of preservation of ownership, such as the entries in the claim in the separate sheet, on each of the real estate stated in the separate sheet. However, the Defendant’s registration of preservation of ownership, alleging that such registration of preservation of ownership is a fraudulent act, sought cancellation of the registration

In cases where a creditor claims revocation of a fraudulent act and restitution pursuant to Article 406(1) of the Civil Act, only the revocation of a fraudulent act may be first claimed and then a claim for restitution may be made later (see Supreme Court Decision 2001Da14108, Sept. 4, 2001). However, insofar as a fraudulent act, which is the premise of restitution, is not revoked, the right to claim restitution is not recognized. Therefore, the creditor cannot seek restitution only without seeking revocation of a fraudulent act.

(2) In light of the above legal principles, the Plaintiff’s claim for cancellation of registration of preservation of ownership is without merit. In light of the above legal principles, the Plaintiff’s claim for cancellation of registration of preservation of ownership is without merit. In light of the above legal principles, the Plaintiff’s claim for cancellation of registration of preservation of ownership is without merit. However, the Plaintiff’s claim for cancellation is without merit.

Therefore, the plaintiff's claim is without merit.

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