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(영문) 부산지방법원 2013.11.27 2013가단33108
사해행위취소 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

The plaintiff holds a claim for the amount of KRW 400 million against F. The plaintiff asserts that since each sales contract entered into between the defendant Eul and the defendant Eul with respect to each land listed in the separate sheet, which is his own ownership, is a fraudulent act detrimental to F's general creditors, including the plaintiff, it should be revoked. The defendant Eul and C, the beneficiary, are obligated to implement the procedure for cancellation registration of each transfer of ownership, which is completed with respect to each land listed in the separate sheet, and the subsequent purchaser, the defendant D, the subsequent purchaser, is obligated to implement the procedure for cancellation registration of the registration of the establishment of a neighboring mortgage which

In order for the obligee to exercise the obligee's right of revocation under Article 406 of the Civil Code, there should be a preserved claim under that premise. The evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff holds the obligee's right of revocation against the Plaintiff Company E (the Plaintiff's right of revocation is a claim against F even according to the Plaintiff's assertion, and this cannot be a preserved claim which can be a premise for the exercise of the obligee's right of revocation against the Plaintiff Company E), and there is no other evidence to acknowledge it. Therefore, the Plaintiff's above assertion is without merit without having to further examine it.

Therefore, the plaintiff's claim against the defendants is without merit, and all of them are dismissed. It is so decided as per Disposition.

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