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(영문) 서울중앙지방법원 2017.04.21 2016가합32518
사해행위취소
Text

1. Among the lawsuits against Defendant C, the part of the claim for revocation and restitution of the fraudulent act and the lawsuit against Defendant D shall be dismissed, respectively.

Reasons

1. The grounds for claims shall be as specified in the attached Form for indicating the claims;

2. Judgment without holding any pleadings (Article 208(3)1, and Article 257 of the Civil Procedure Act as to paragraph (2)

3. The grounds for rejection (the case of paragraph (1))

A. On November 24, 2010, the part concerning the claim for revocation of the fraudulent act against Defendant C and restitution of the original state is examined as to whether the lawsuit for revocation of the fraudulent act against Defendant C is lawful. On November 24, 2010, the real estate indicated in the separate sheet between Defendant B and the Defendant C (hereinafter “instant real estate”).

(i) the reservation to trade with respect to the trade (hereinafter referred to as “instant reservation”)

(2) On the same day, a provisional registration to preserve the right to claim ownership transfer on the same day has been completed in the future of Defendant C; on April 17, 2012, a sales contract for 8/10 shares out of the above real estate was concluded between Defendant B and Defendant C; on the same day, the principal registration of ownership transfer with respect to 8/10 shares based on the above provisional registration was completed in the future of Defendant C may be acknowledged by the Plaintiff’s assertion and the records of this case. Meanwhile, pursuant to Article 406(2) of the Civil Act, a lawsuit for revocation of a fraudulent act against Defendant C ought to be filed within one year from the date on which the obligee becomes aware of the cause for revocation and within five years from the date on which the legal act was committed.

In addition, in a case where a provisional registration has been completed for preserving a claim for transfer of ownership in the name of the beneficiary with respect to real estate owned by the debtor, the principal registration of transfer of ownership based on such provisional registration has been completed, unless a juristic act which is the cause for registration of provisional registration is clearly different, the legal act which is the cause for registration of provisional registration has been established, and only the legal act which is the cause for registration of the principal registration, is subject to revocation, and thus, the limitation period of a lawsuit for cancellation of a fraudulent act is run from the date when the principal registration was completed, regardless of

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