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(영문) 서울북부지방법원 2015.06.19 2015재가단19
사해행위취소
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1. The plaintiff (quasi-Appellant)'s quasi-Appellants are dismissed.

2. The costs of quasi-examination are assessed against the Plaintiff (Quasi-Review Plaintiff).

Reasons

1. Finality of the mediation protocol subject to quasi-examination;

1. The Defendant shall pay KRW 500,000 to the Plaintiff by July 19, 2013.

However, if the plaintiff fails to pay the above amount by the payment date, the unpaid amount shall be paid in addition to the amount calculated by adding 20% per annum from the day following the payment date to the day of full payment.

2. The plaintiff waives the remaining claims.

3. The costs of lawsuit and the costs of mediation shall be borne by each person;

On June 28, 2013 regarding the revocation case of fraudulent act filed by the Plaintiff against the Defendant, the following mediation between the Plaintiff and the Defendant was concluded on June 28, 2013, and the record is apparent.

2. Judgment on the grounds for quasi-examination

A. The Plaintiff’s assertion that the instant protocol of mediation is more than the market price of real estate is prohibited from receiving small-sum lease deposit by entering into a lease agreement with a deposit lower than the market price despite the fact that the said protocol of mediation was published in the copy of the real estate register (see, e.g., Supreme Court Decision 2013Da62223, Dec. 12, 2013; hereinafter “Supreme Court Decision”). As such, the instant protocol of mediation is in violation of the Supreme Court Decision 201Da6223, Dec. 12, 2013; and there is a ground falling under Article 451(1)

B. (1) The grounds for a retrial under Article 451(1)10 of the Civil Procedure Act are established to coordinate conflicts between res judicata of the judgment subject to a retrial and res judicata of a final and conclusive judgment rendered prior to the final and conclusive judgment. As such, “when a final and conclusive judgment prior to the final and conclusive judgment is in conflict with a final and conclusive judgment rendered prior to the final and conclusive judgment to the parties to the judgment subject to a retrial” refers to the time when both rulings conflict with each other. Even if a final and conclusive judgment rendered prior to the final

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