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(영문) 인천지방법원 2016.08.10 2015나11953
배당이의
Text

1. The plaintiff's appeal is all dismissed.

2. All the ancillary claims of the plaintiff added at the trial.

Reasons

1. The reasoning for the court to explain this part of the judgment as to the basic facts and the primary claim is as stated in Articles 1 and 3 of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the conjunctive claim

A. Although the gist of the Plaintiff’s assertion extends to E the validity of each lease agreement concluded by the Defendants, E is in excess of the obligation at the time of entering into each of the above lease agreements, and thus the conclusion of each of the above lease agreements constitutes a fraudulent act detrimental to the Plaintiff, the obligee.

Therefore, each of the above lease agreements should be revoked, and the distribution schedule should be revised as stated in the purport of the claim as restitution.

B. (1) A lawsuit for revocation by a creditor on the ground of a fraudulent act shall be filed within one year from the date when the creditor becomes aware of the grounds for revocation (Article 406(2) of the Civil Act). The "date when the creditor becomes aware of the grounds for revocation" in the exercise of the right of revocation refers to the date when the creditor becomes aware of the requirements for the right of revocation, i.e., the date when the creditor becomes aware of the fact that the debtor had committed a fraudulent act knowing that he/she had committed a fraudulent act while he/she would prejudice the creditor. Thus, the mere fact that the debtor was aware of his/her act of disposal of the property is insufficient to say that the juristic act is prejudicial to the creditor, i.e., the act that causes a shortage in the joint security of the claim or lack in the joint security of the claim, thereby making it impossible to fully satisfy the claim, and further, it is also required to know

(2) In full view of the overall purport of the pleadings in the instant auction procedure, the Defendants submitted a report on rights as a lessee between July 8, 2014 and August 18, 2014, and the Plaintiff.

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