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(영문) 대전지방법원 2015.05.20 2014가단35430
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. From the Plaintiff’s assertion as to the cause of the claim, the registration of ownership transfer for 2/9 shares of the real estate listed in the separate sheet to the Defendant was completed due to the agreement division of inherited property. The above agreement division of inherited property was made in excess of debt B, and constitutes a fraudulent act detrimental to B’s creditors.

The plaintiff is a creditor who holds the principal of KRW 3,610,255 against B and the claim for the amount of the delay compensation therefor, and the plaintiff is cancelled by exercising the creditor's right of revocation under the Civil Code and seek the cancellation of the above registration of transfer to its original state.

2. In order to exercise the right of revocation of judgment, the Plaintiff must hold the preserved claim against B, which shall be attested by the Plaintiff. However, it is difficult to view that the evidence submitted by the Plaintiff alone proves the existence of the claim asserted by the Plaintiff.

Rather, according to the statements in Eul evidence Nos. 1 through 4, the fact that the judgment in favor of Eul was rendered and confirmed (Seoul Western District Court Decision 2014Da24054 Decided January 20, 2015) is recognized in the relevant claim objection case raised by Eul by asserting that the plaintiff's claim of the above transfer amount has expired by prescription.

Therefore, in this case, the existence of the preserved claim, which is the requirement to exercise the obligee's right of revocation, was not proven.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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