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(영문) 인천지방법원부천지원 2020.03.27 2019가단14525
가액배상 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

According to the written application for amendment of the complaint and the purport of the claim in this case, the plaintiff, as a creditor against D, filed a claim for cancellation of the sales contract for the attached real estate between the defendant and C, who is the spouse of D, as a fraudulent act and compensation for the value thereof. According to the written application for the submission of the financial transaction information as of July 10, 2019, the plaintiff deemed that D, as a fraudulent act, donated the lease deposit to the defendant for Kimpo-si E and F, and did not modify the purport of the claim in this case.

Since an obligor is D in the exercise of the Plaintiff’s right to cancel, the legal act subject to cancellation should be conducted between D and third parties, and since the parties to a sales contract, which is the legal act for which the Plaintiff seeks cancellation, are with the Defendant, it is not subject to the obligee’s right to cancel.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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