2019Da244775 Registration for cancellation of ownership

A Stock Company

Law Firm LLC et al., Counsel for the defendant-appellant

Attorney Park Young-young, Counsel for the plaintiff-appellant

1. B

2. C.

3. D;

4. E.

5. F;

Defendants Law Firm LLC et al., Counsel for the Defendants

Attorney Limited-Governing, Spos, Kim Young-young, Lee Dong-won

Suwon District Court Decision 2018Na58158 Decided May 17, 2019

January 30, 2020

The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The judgment on the grounds of appeal shall be made ex officio.

In a case where a creditor files a lawsuit seeking cancellation or restitution of a fraudulent act against a beneficiary on the ground of a fraudulent act regarding a debtor's real estate and the creditor returns to the debtor by punishing the property for which the fraudulent act was rescinded or terminated while the lawsuit is pending, barring any special circumstance, the purpose of the lawsuit seeking cancellation of a fraudulent act is to cancel the fraudulent act and no longer benefit in the protection of rights exists (see, e.g., Supreme Court Decisions 85157, Mar. 27, 2008; 2012Da952, May 21, 2015). The lawsuit in this case is obvious in the record that the creditor seeks cancellation of the agreement on transfer between G Co., Ltd. and the Defendants on January 12, 2016 and seeking cancellation of a share transfer registration, and all of the aforementioned claims against the Defendants, including Seoul High Court Decision 2015Da254525, Aug. 23, 2019, which had been affirmed by the judgment of the court below against the Defendants, 2015.

Therefore, there is room to view that the Plaintiff no longer has the interest in the protection of rights since the objective of the Plaintiff’s realization by the instant lawsuit has been achieved (after the transfer, the lower court should review and determine whether the restoration was made as seen above).

The lower judgment is reversed without examining the Defendants’ grounds of appeal, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

The presiding Justice shall mobilization by the presiding Justice

Justices Kim Jae-in

Justices Min Il-young in charge