사해행위취소 등
1. The part against Defendant B among the judgment of the first instance is revoked.
Defendant B is about the Plaintiff’s 51m2 in Kimhae-si.
1. The grounds for this part of the facts of recognition are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the claim against the defendant B
A. (1) Determination on the cause of the claim 1) The confirmation document submitted by the Plaintiff as evidence of the fact that the Plaintiff entered into a sales contract for the instant land (No. 1; hereinafter “instant confirmation document”) shall be deemed to have been duly established.
(A) As to the fact that Defendant B affixed his seal and signed English initial (O), it is argued that the document was in blank at the time of signing and sealing and that the content was voluntarily filled by the Plaintiff without authority. As such, the establishment of the authenticity of the document is concerned with this issue. A) The court’s determination of the authenticity of the document is based on free will, based on all evidentiary materials and the entire purport of the pleading, and the method of proving the authenticity of the document requires credibility, unless there is any special limitation on the method of proving the authenticity of the document.
(See Supreme Court Decision 2004Da40306 Decided December 9, 2005). Private documents are presumed to be authentic when the signature, seal, or seal of the person in question or his agent is affixed (Article 358 of the Civil Procedure Act). In a case where the person in charge of preparing private documents admits that the signature, seal, or seal has not been affixed to the private documents concerned, in other cases where such presumption is recognized by the person in charge of preparing private documents, the authenticity of the entire document shall be presumed to have been established unless there are special circumstances, such as the reversal of the seal imprint, etc. by counter-proof. In a case where the authenticity of the seal imprint, etc. is recognized, the document shall be presumed to have been signed, sealed, and affixed by the person in charge of preparing the private documents, barring any special circumstances. At that time, the document shall be presumed to have been signed, sealed, and all or part of the document shall take precedence over