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(영문) 서울고등법원 2016.04.01 2015나2043149

사해행위취소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of the first instance is the same as that of the judgment of the court of the first instance,

“1.6 April 6, 2012” in front of “(1) maximum debt amount” at the 8th fifth lower end of the judgment of the first instance court, and “B.6 April 6, 2012” in front of “B.6” at the 6,7th lower end of the same 5th sentence, and “The third maximum debt amount at the 6th lower end of the same 6th sentence” respectively.

The second two pages of the judgment of the first instance court shall be amended to the "tentative number number".

The 10th of the decision of the first instance court shall be amended by the 10th of the 10th of the decision in the first instance.

The first instance court’s 1-3 acts at the bottom of the 10th judgment (“Non-existence of material through licensed real estate agents, etc.”), “No evidence is found to prove that a licensed real estate agent has requested a licensed real estate agent to sell the instant real estate (B.C. No. 10).”

“Around February 28, 2014” at the bottom of ten pages of the first instance judgment shall be amended to “Around February 28, 2014 and March 10, 2014.”

At the bottom of the 12th judgment of the court of first instance, the parts from the 14th to the 14th 5th e.g. shall be amended as follows:

“The amount of the Plaintiff’s preserved claim as of the date of the closing of argument in the political party shall be calculated at the rate of 12% per annum from August 1, 2014 to October 10, 2014; and damages for delay calculated at the rate of 20% per annum from the following day to March 9, 2016,” and the calculated amount shall be 523,661,04 won [=402,393,798 won 396,48 won 396,477 won x [71/365 x 12%) x 20% per annum.

Meanwhile, according to the result of appraisal by the appraiser G of the first instance court, the market price of the instant real estate at the time of March 25, 2015 is 2,32,239.