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(영문) 서울고등법원 2018.02.09 2017나2044412

사해행위취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are all borne by the Defendant, including those resulting from the supplementary participation.

Reasons

1. Scope of adjudication of this court;

A. The following facts are clear on the records.

(1) On July 21, 2017, the first instance court concluded with the Defendant among the instant lawsuit on April 20, 2015; and

4. On the 30th day of each sales contract, the part of the claim for denial was dismissed, and the judgment was rendered to accept the remainder of the plaintiff's claim.

(2) On July 26, 2017, the Defendant filed an appeal against the part of the first instance judgment against the Defendant.

However, among the judgment of the first instance, the Plaintiff did not file an appeal or incidental appeal against the part against the Plaintiff.

B. According to the facts found above, the part against the plaintiff among the judgment of the court of first instance against the defendant (the part against which the plaintiff is a father) was also judged in the trial. However, the scope of the judgment of this court is limited to the part against the defendant among the judgment of the court of first instance against which the defendant, who is the appellant, is dissatisfied with

2. The grounds for the judgment of the court of first instance regarding this case are as follows: ① (2) (3) of the grounds for the judgment of the court of first instance (2) of the court of first instance shall be deleted; and (4) of the grounds for the judgment of the court of first instance (2) of the court of first instance shall be as follows.

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.

[Attachment 3 to 4 of the first instance judgment: Part of the judgment of the court of first instance as follows, 3 of the first instance judgment of "B" : 7 of the first instance judgment of "B" : The appraised value of the Plaintiff's Intervenor's Intervenor's Intervenor's Technology Credit Guarantee Fund (hereinafter "Technology Credit Guarantee Fund") was changed to the trade name as of September 30, 2016, but 4 of "the Technology Credit Guarantee Fund (hereinafter "Technology Credit Guarantee Fund") was changed to the trade name as of September 30, 2016: 70,390,000," as follows: < Amended by Presidential Decree No. 23777, Aug. 21, 2012>