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(영문) 대구지방법원서부지원 2020.01.22 2019가단2678
손해배상(기)
Text

1. The defendant indicates to the plaintiff the intention of the transfer of claims as to the claims listed in the separate sheet, and it shall be against the Republic of Korea.

Reasons

According to the evidence Nos. 1 through 4 (including the number of branch numbers in the case of the land number), each of the above facts can be acknowledged that the plaintiff filed a lawsuit seeking revocation and reinstatement on the ground that the gift contract entered into between the defendant and the defendant with respect to the Daegu-gun, and 17 B (hereinafter "the real estate in this case") was fraudulent, and the above judgment became final and conclusive on May 24, 2018. However, the ownership transfer registration for the real estate in this case was completed due to a voluntary auction in the name of the successful bidder on December 18, 2018, and the ownership transfer registration for the sale due to a voluntary auction was completed in the name of the successful bidder on December 18, 2018. Accordingly, according to the above facts of recognition, since the defendant's obligation to restore to the plaintiff as a result of auction on the ground of revocation of fraudulent act was impossible, the defendant is obligated to transfer the claim in the attached list to the plaintiff and notify the above transfer to the plaintiff.

Therefore, the plaintiff's primary claim is justified and it is so decided as per Disposition.

(A) The plaintiff is also seeking damages for tort, such as evasion of the primary obligation, but no further examination shall be made as long as the plaintiff fully accepts the primary claim).

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