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(영문) 광주지방법원 2015.05.21 2014가단5949
사해행위취소 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff, as seen below, obtained the transfer of the above claim on December 24, 2013 from Jeonju District Court, 201jj182, the Seoul District Court, the Branch Branch Branch of Dong-Eup, Seoul District Court, 2011. On March 30, 2015, E notified the above transfer to D. As to each real estate listed in the separate sheet (hereinafter “instant real estate”) under excess of the obligation, the Plaintiff entered into a fraudulent act with the Defendants as to the purchase and sale reservation as stated in the purport of the claim and a collateral security agreement (hereinafter “instant juristic act”). As such, the Plaintiff sought cancellation of the instant juristic act and cancellation of each registration stated in the purport of the claim as restitution.

As to this, Defendant C alleged that the lawsuit for revocation of the fraudulent act in this case should be dismissed because it was filed with the exclusion period, the lawsuit for revocation of the fraudulent act shall be filed within one year from the date when the obligee becomes aware of the cause for revocation, and in the case of the assignment of claims, the date when the obligee becomes aware of the cause for revocation shall be based on the transferor. In full view of the description and the purport of evidence No. 2, the transferor E applied for the order for payment of the loan claim against D and its husband on May 12, 2011 to the Jeonju District Court, the Eup-Myeon Court, the Seoul District Court, the 2011 next 182, and the 13th May 13, 2011, “The defendant was jointly and severally ordered to pay 80,000,000 won and damages for delay, and the above payment order was finalized on June 1, 201, and the date when the transfer becomes aware of the cause for revocation shall be determined on July 21, 2012.

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