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(영문) 전주지방법원 군산지원 2018.11.13 2017가단2637
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that B had preserved claims, such as the attached list, with respect to B, and each inheritance share (2/9) among the real estate listed in the attached list, which is the only property in B, was renounced by concluding a contract on the division of inherited property with the Defendant on July 22, 2016.

B and the defendant's legal act should be revoked within the scope of one million won because they constitute fraudulent act.

However, since the right to collateral security was cancelled after the fraudulent act and the new right to collateral security was established, the defendant should pay the plaintiff the above one million won and the damages for delay to the original state.

2. We examine whether there is a preserved claim in the attached list, which the plaintiff asserted that he/she had against B.

B filed a lawsuit of demurrer against the Plaintiff on the ground that the preserved claim, which is the premise for the instant claim, was extinguished, with the court of Jeonju District Court 2018Kadan10021, Dadan10021, the court of competent jurisdiction. On September 18, 2018, the court of competent jurisdiction rendered a judgment on September 13, 2018 that “the above preserved claim became extinct on the ground that the above preserved claim became extinct due to the expiration of the extinctive prescription period, based on the final judgment of the loans rendered by the Plaintiff (B) at the Jeonju District Court 98Gau906, the court of competent jurisdiction, Hasan-si, Hasan Branch Court 906, the final judgment of the court of competent jurisdiction 2008Gau43956, which was based on the final judgment of performance recommendation with executory power in the Jeonju District Court of competent jurisdiction 2011Gu6859, which became final and conclusive on September 1

(1) As of the date of the closing of argument in this case, the Plaintiff’s assertion based on the premise that the Plaintiff’s preserved claim against B exists as of the date of the closing of argument in this case cannot be accepted.

Thus, the plaintiff's claim of this case is dismissed as it is without merit.

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