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(영문) 서울동부지방법원 2015.07.07 2014가단36604
사해행위취소등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The sales contract concluded on August 17, 2012 with respect to a motor vehicle as indicated in the separate sheet between the Plaintiff’s obligor Nonparty A and the Defendant (hereinafter “instant motor vehicle”) is a fraudulent act detrimental to the Plaintiff, and thus, the contract should be revoked. Accordingly, the Defendant is obliged to implement the procedure for cancellation of the transfer of ownership, which was completed as of January 17, 2014 with respect to the instant motor vehicle by Seongdong-gu Seoul.

2. We examine the judgment: (a) on January 17, 2014 between A and the Defendant, the debtor, the Plaintiff sought the cancellation of the above sales contract and the cancellation of the ownership transfer registration under the premise that the sales contract for the instant automobile was concluded on August 17, 2012, which was sought by the Plaintiff, as the date of acquiring the instant automobile on January 17, 2014; (b) on the premise that the sales contract was concluded for the instant automobile on January 17, 2014; (c) however, upon full consideration of the purport of the written evidence No. 4, A completed the registration of ownership transfer on May 24, 2013; (d) on the premise that the instant automobile was transferred to a third party on July 16, 2013; and (e) on the premise that the Plaintiff’s claim for the cancellation of ownership transfer registration was concluded on the instant automobile to a third party on July 25, 2013; and (e) on the premise that the Plaintiff’s claim for the ownership transfer registration was concluded on the instant automobile No.1714.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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