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(영문) 대구지방법원 2017.07.12 2017나301504

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 of first instance’s explanation concerning the instant case is as stated in the reasoning of the judgment of the first instance (including attached Form), except for cases where the pertinent part is changed or added as follows, and thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried or added;

A. No. 15 of the 8th judgment of the court of first instance (hereinafter “loan”) shall be raised “loan”.

B. The following judgments are added to the 8th sentence of the first instance judgment.

(Defendant alleged that B cannot be deemed to be in insolvent upon receiving KRW 24,500,000 from H, etc. on or around June 20, 2016, but the description of evidence No. 8 alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it)

C. On June 27, 2015, which was six months after the conclusion date of the instant sales contract, the Plaintiff filed a lawsuit seeking judicial divorce and payment of consolation money against B on March 13, 2015 (Seoul Family Court’s gender support 2015ddan1034), and the decision of recommending settlement that the Defendant would waive the claim for consolation money was determined on June 27, 2015.

3. In conclusion, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.