사해행위취소
1. All appeals filed by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport.
1. The reasoning of the judgment of the court of first instance concerning this case is as follows: 4 out of the judgment of the court of first instance, the following 5, and 7,8 each of the 7,008 sections "D" shall be deemed to be "D" among the 3 pages of the judgment of the court of first instance; excluding the part of 1, 2 (e) of the judgment of the court of first instance concerning the 3 to 9 pages below 10, and 14 of the separate list of real estate attached to the 14 pages, except for the addition of Paragraph 2 below to the judgment on the argument that the defendant specifically emphasized as the grounds for appeal by the court of first instance. Thus, this part of the judgment of the court of first instance is identical to the part of 1, 2 (excluding the part of 5 to 8, 12 others) and 14 of the separate list of real estate attached hereto.
2. Determination on the grounds for appeal
A. The purport of the Defendant’s assertion lies in an objective imbalance between the payment and the consideration under Article 2 of the Agreement, and the preparation of the Agreement No. 2 of this case is based on the Defendant’s old-age, and there was a bad faith to use the agreement to the Plaintiffs, who are the other party, knowing the circumstances of the Defendant, and thus, the agreement under Article 2 of the Agreement is null and void due to an unfair juristic act.
In addition, since the agreement of this case was prepared by the coercion against the defendant, the defendant revoked the defendant's declaration of intention contained in the second agreement of this case.
Nevertheless, the judgment of the court of first instance, which judged that the agreement under the second agreement of this case is still valid, is unlawful because it ordered the defendant to pay the agreed amount and the delayed payment pursuant to the second agreement of this case.
B. A concrete review 1, however, is the evidence duly adopted and examined by the first instance court, and even if the evidence additionally examined by this court was presented, the defendant prepared the second agreement of this case in an imminent difficult situation or in experience, or such evidence is submitted to the plaintiffs.