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Case Number of the immediately preceding lawsuit
Seoul Central District Court 2012Kadan5019782 ( November 09, 2012)
Title
in determining the debtor's insolvency, such claims shall be included in active property only if the claims can be easily repaid.
Summary
In a creditor's insolvency suit, any property which has no substantial property value and cannot serve as a joint security for claims shall be excluded. If the property is a claim, it shall be included in active property only if it is certain that it can be easily repaid.
Cases
2012Na57483 Revocation of Fraudulent Act
Plaintiff, Appellant
Korea
Defendant, appellant and appellant
O KimO
Judgment of the first instance court
Seoul Central District Court Decision 2012Gadan5019782 Decided November 9, 2012
Conclusion of Pleadings
May 24, 2013
Imposition of Judgment
June 7, 2013
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of claim
With respect to the portion of 000/1028 square meters in OOri 000, 3398 square meters in Gyeongcheon-do, Gyeongcheon-do, Gyeongcheon-do
A. Revocation of the sales contract concluded on August 5, 2010 between the Defendant and Nonparty O and Nonparty O, and
B. The Defendant shall implement the procedure for the cancellation of the registration of transfer of ownership, which was completed as No. 1031 on August 16, 2010 by the Daegu District Court Yacheon District Court Yacheon Branch Office.
2. Purport of appeal
The part against the defendant in the judgment of the first instance shall be revoked. The plaintiff's claim against the defendant shall be dismissed.
Reasons
The reasoning of this Court is as stated in the reasoning of the judgment of the court of first instance, and it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act. If so, the judgment of the court of first instance is legitimate, the defendant's appeal is dismissed, and it is so decided as per Disposition.