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(영문) 서울중앙지방법원 2014.10.31 2013가합88411
구상금 등
Text

1. The plaintiff's lawsuit of this case against the defendant D is dismissed.

2. The Plaintiff:

A. Defendant A Co., Ltd. and B

Reasons

1. Whether the lawsuit against the defendant D is lawful

A. On July 26, 2013, when Nonparty G, who is jointly and severally liable to the Plaintiff, entered into a purchase and sale promise with Defendant D on the apartment of this case (hereinafter “instant purchase and sale promise”) with respect to its sole responsible property in excess of the obligation, and completed the registration of the ownership transfer claim under Defendant D’s name on July 31, 2013, which constitutes a fraudulent act. While Defendant D cancelled the above provisional registration on September 11, 2013 after the provisional registration, it can hold unjust enrichment equivalent to the amount of the provisional registration secured on the instant apartment, the beneficiary, who has received the registration of ownership transfer on September 11, 2013, which is a fraudulent act, after the cancellation of the above provisional registration, insofar as the said provisional registration was not revoked, Defendant E, etc., who is the beneficiary of the instant apartment after the said provisional registration was revoked, asserting that the instant purchase and sale promise between G and Defendant D should be revoked, Defendant D’s lawsuit against the Plaintiff seeking its revocation is unlawful as there is no benefit in the Plaintiff’s rights protection interest in the provisional registration.

B. (1) Determination (1) The obligee’s right of revocation is a right to revoke the obligor’s act of disposal of the property made by the fraudulent act and to seek restitution to the original state, and it is not a right to exclusively satisfy the obligee who exercises the obligee’s right of revocation on the part of the obligor’s obligee. Therefore, in a case where the obligee filed a lawsuit against the beneficiary on the ground of a fraudulent act on the ground of the obligor’s real property, and the said fraudulent act is revoked or terminated, and the obligee’s right of revocation is returned to the obligor by the revocation of the fraudulent act.

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