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(영문) 광주지방법원 2016.03.22 2015가단529350
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. The Defendant and Nonparty B made a pre-sale agreement concluded on December 28, 2010.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

[Plaintiff’s restoration to the original state of a creditor’s revocation requires the Plaintiff, a creditor, to perform the procedure for registration of cancellation directly against the Defendant. Since a creditor’s demand for a direct payment is vested in the debtor, even if the creditor exercised the right of revocation and won in favor of a third party debtor by claiming for the cancellation procedure of the ownership transfer registration to himself/herself, the registration status based on the registration of cancellation of the period is returned to the debtor’s name (see, e.g., Supreme Court Decision 94Da58148, Apr. 14, 1995). Accordingly, upon the Plaintiff’s request, the Plaintiff is ordered to order the Plaintiff to implement the procedure for registration of cancellation.

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