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(영문) 수원지방법원 2016.11.01 2015나39712
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On March 17, 2014, the Plaintiff seeking revocation of the above sales contract and restitution of the original status against the Defendant, a beneficiary on the ground that the sales contract concluded between the agricultural company B and the Defendant on March 17, 2014, was a fraudulent act.

In case where an obligee filed a lawsuit against a beneficiary seeking revocation or restitution of a fraudulent act on the ground of a debtor's fraudulent act on the ground of a debtor's real estate, and the obligee has been released or terminated while the lawsuit is pending and the obligee has returned to the obligor by punishing the property for which return is sought by the revocation of the fraudulent act, the purpose of the lawsuit for revocation of a fraudulent act is already realized, and no longer the benefit in the

(Supreme Court en banc Decision 2012Da952 Decided May 21, 2015). According to the evidence Nos. 12-1 and 2-2 of the evidence Nos. 12, the sales contract concluded between the Defendant and the Incorporated Incorporated Company B on March 17, 2014 was terminated by agreement and the registration of ownership transfer was cancelled accordingly, the Plaintiff has no interest in filing a lawsuit seeking the revocation of the said sales contract and reinstatement.

2. If so, the decision of the court of first instance, which has different conclusions, is unfair, and thus, it shall be revoked by accepting the defendant's appeal and it shall be decided as per Disposition with the decision to dismiss the lawsuit of this case.

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