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(영문) 인천지방법원 2020.12.03 2020나55209

사해행위취소

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

C and Defendant.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following dismissal or addition, even if considering the claims supplemented by the plaintiff at the appellate court. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

The first instance judgment’s first instance judgment’s first instance judgment’s second instance judgment’s second instance judgment’s second instance judgment’s second instance judgment’s second instance judgment’s second instance judgment’s second instance judgment on December 2018’s first instance judgment.

B. On the fourth page of the judgment of the court of first instance, the “written confirmation (written confirmation of rejection)” in the second page is deemed to be “(written confirmation of rejection).” (C) The fourth page 6 of the judgment of the court of first instance is deemed to be “6.”

“The following shall be added:

The statement of confirmation of payment is that C agrees to pay in kind each of the instant real estate to E in order for C to pay in cash borrowed money from the Plaintiff, and the content stated in the certificate of fact (Evidence A) and e-mail output Gap No. 7 is also the content that C agreed to transfer the ownership of each of the instant real estate to E in lieu of paying in cash the debt of D with the payment in kind.

D. On the fourth page of the judgment of the court of first instance, “ difficult to see” is difficult to see, and the following is added thereto.

A separate from the fact that C bears the obligation to transfer ownership of each of the instant real estate to E in accordance with the letter of confirmation of payment, it is difficult to say that C bears the obligation to repay D's borrowed money in cash to the Plaintiff on the sole basis of the foregoing circumstance. In addition, even if the Plaintiff is a person who actually claims the transfer registration of ownership of each of the instant real estate, the obligee's right of revocation cannot be recognized as a preserved bond whose right to claim the transfer

2. The plaintiff's claim for conclusion shall be dismissed for lack of reasonable grounds.

The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.