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(영문) 대법원 2018. 04. 26. 선고 2018다204286 판결
사해행위 취소의 소의 권리보호의 이익과 원상회복의 방법[국승]
Case Number of the immediately preceding lawsuit

Seoul Central District Court-2017-Na 46884 ( December 21, 2017)

Title

Benefits of protecting the rights of lawsuits against revocation of fraudulent act and methods of restitution;

Summary

If compensation for the value has been made through the settlement recommendation or mediation of the full bench among the pendings of the lawsuit for revocation of fraudulent act filed by another creditor, the subsequent lawsuit for revocation of fraudulent act shall be dismissed as there is no benefit of protection of rights to the extent that it overlaps with the foregoing.

Related statutes

§ 406. Revocation of Civil Code

Cases

2018Da204268 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

1. Lighting-○;

2. △△△△; and

Imposition of Judgment

April 26, 2018

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by

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