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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. A sales contract concluded on October 20, 2016 between the Plaintiff’s assertion and the Defendant on the shares listed in the separate sheet between the Plaintiff’s assertion is a fraudulent act detrimental to the Plaintiff, which is the creditor of B, and thus, the contract should be revoked. The Defendant is obligated to implement the transfer procedure to change the shareholder’s name to B due to restitution to the original state
2. Determination ex officio as to the legitimacy of the instant lawsuit
A. 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 for the benefit of returning the obligor’s responsible property deviating from the fraudulent act to the obligor for all creditors. Thus, in a case where the obligee filed a lawsuit against the beneficiary for revocation and restitution of the fraudulent act on the ground of the obligor’s property and the obligee’s right of revocation is revoked or terminated during the lawsuit, and the obligee’s right of revocation is returned to the obligor by the revocation of the fraudulent act, barring special circumstances, the obligee’s right of revocation is no longer effective and no longer has the benefit of protecting the rights
(See Supreme Court Decision 2007Da85157 Decided March 27, 2008, etc.)
B. In this case, the above sales contract concluded between B and the Defendant on the shares listed in the separate sheet among the lawsuit of this case is rescinded, and the transfer of ownership is completed in the name of the debtor B, as there is no dispute between the parties. Thus, the creditor revocation lawsuit of this case is unlawful because there is no interest in the protection of rights guaranteed by this lawsuit, as it had already been realized.
3. According to the conclusion, the instant lawsuit is dismissed, and it is so decided as per Disposition.