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(영문) 서울서부지방법원 2015.12.24 2015가단228853
사해행위취소
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Establishment of a fraudulent act;

A. In principle, a claim that may be protected by the obligee’s right of revocation needs to be created prior to the occurrence of an act that can be viewed as a fraudulent act. However, at the time of such fraudulent act, there exists a legal relationship that has already been based on which the claim was established, and in the near future, it is highly probable to the effect that the claim is established due to its legal relationship. In the near future, where the probability is realized and a claim has been created due to its realization in the near future, such claim may also become a preserved claim.

(2) According to the evidence evidence Nos. 1 through 5, and 12 of this case (Supreme Court Decision 2013Da5855 Decided April 26, 2013). D set the deposit amount of KRW 20 million, monthly rent of KRW 10,000 from the Plaintiffs on November 6, 2009, and leased the building of KRW 20,000,000,000 from Jongno-gu Seoul High Court Decision 2014Da56100 Decided April 26, 2013. Since the above lease contract was explicitly renewed, D did not pay the rent from October 2013, the Plaintiffs filed a lawsuit against D on the claim against D, including the number of buildings with the Seoul Central District Court Decision 2014Da56100 Decided July 11, 2013, it was not probable that D had not yet acquired real estate after the lease contract was concluded with the Defendant, which was the basis for arrears of this case’s claim against D1.

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