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(영문) 서울고등법원 2017.03.31 2016나2037035

사해행위취소

Text

1. All appeals by the Defendants are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation concerning this case is identical to the part of the reasoning of the judgment of the first instance except for the following reasons. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As follows, the part of the judgment of the court of first instance which has been dried shall consist of 8 pages 3 to 5:

[2) According to C’s negative property, and according to the aforementioned evidence, the results of the inquiry of the fact about the Korea Federation of Banks of this Court, and the purport of the entire pleadings, C’s small property at the time of each of the instant sales contract is recognized as constituting a total of 2,97,156,508.

Serial Nos. 464,993,000 30,000 1,500 1,504,071,716 416 1,58,339,547 5 5,044,04,00 2,997,156,508 3,000 2,997,156,508 2,500 2,97,156,508 3) as at the time of each sales contract of this case, it is apparent that the sum of the small property of C at the time of each sales contract of this case exceeds 1,932,561,241 won in aggregate of active property at the time of each sales contract of this case, C was in excess of 1,932,561,241.

In the case of Defendant A, while Defendant A purchased the apartment of this case from Defendant A for the purpose of residing in the apartment of this case, Defendant A did not reside in the apartment of this case from the date of the remainder payment pursuant to the 3 sales contract of this case and the date of closing argument at the trial after delivery of real estate, and C husband and wife resides in the apartment of this case as a lessee, and is doubtful whether the apartment of this case was purchased for such purpose of purchase.

With respect to the circumstances in which Defendant A did not reside in the apartment of this case, Defendant A was expected to sell a commercial building that had been previously residing, and purchase the apartment of this case with the proceeds therefrom, but the said commercial building is contrary to the previous expectation.