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(영문) 부산고등법원 2016.03.16 2015나55205

사해행위취소

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons why the court has used for this case are as stated in the reasoning of the judgment of the court of first instance except for the dismissal or addition as follows. Thus, this case is quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 5 of the judgment of the first instance court, "Defendant O" in Part 13 shall be read as "Defendant A".

The following shall be added at the end of the sixthth sentence of the first instance court:

While Defendant A repeats the same argument in the first instance court to the effect that “it is not necessary to judge whether each of the gift acts in this case is harmful collectively, but to judge whether each of the following acts causes insolvency,” Defendant A cited Supreme Court Decision 2000Da69026 Decided April 27, 2001. However, the above Supreme Court Decision cited by Defendant A cited as the ground for the same argument in the first instance court to the effect that “The other party to each of the gift acts in this case is identical to each of the gift acts in this case, whether each disposition is close to time, whether the other party and the debtor are in a special relationship, and whether the motive or opportunity for each disposition is identical, etc., it is inappropriate to invoke this case as it differs from the facts of this case.

[Attachment]

2. Thus, the plaintiff's claim of this case against the defendants is justified, and the judgment of the court of first instance is just in conclusion, and all appeals by the defendants are dismissed.