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(영문) 서울고등법원 2017.05.19 2016나2066972

사해행위취소등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

The decision of the court of first instance is the same as that of the decision of the court of first instance, except for the revision as stated in the following paragraph and addition of the decision in the trial as stated in paragraph (2).

B. Part 1) The amendment of the first instance court’s 4th sentence and 6th sentence “ February 4, 2013.” are as follows: (a) each “including the provisional number” of the first instance court’s 4th sentence and 7th sentence are as follows: “The provisional number is included in each number; hereinafter the same shall apply, unless otherwise specified.”

3) According to the first instance court’s decision No. 4, 11, “in the case of a contract title trust,” the “case where the contract title trust agreement becomes effective due to the good faith of the contracting party” is deemed to be “the case where the contract title trust agreement becomes effective due to the good faith of the contracting party,” respectively, the Defendant is deemed to be “the Defendant within the scope of unjust enrichment” as “the Defendant” of the first instance court’s decision No. 5, No. 11, and “the lease deposit or the lease deposit, and March 6, 2007,” of the first instance court’s decision No. 5, and the “No. 7, the same month” of the same conduct shall be deemed to be “ March 7, 2007.”

5) The “U” of the fifth 15th eth 15th eth eth eth eth eth 5 of the first instance trial is deemed to be “V”, and the “U” of the 16th eth eth eth 16th eth eth eth 9 August 2012”) is deemed to be “B No. 4,5,7,15 through 17, and 26th eth eth eth eth eth 5,7,15,16,26.”

7) Subsequent to the “Defendant” in the 18th sentence of the 5th judgment of the first instance court, “the Defendant received KRW 71,473,541 from W on October 31, 2012 to deposit KRW 71,473,541,” and “the KRW 100,000 out of the money deposited from Q is used as a real estate purchase fund listed in the separate sheet No. 3-4 of the 6th judgment of the first instance court,” as revealed in the separate statement No. 2-4, 5, and 6 of the separate sheet No. 2 and the timing for deposit of the above money, respectively, is the date and date of down payment of the real estate listed in the separate sheet No. 2 and 3.