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(영문) 서울고등법원 2020.03.18 2018나2059954

사해행위취소

Text

1. The part against Defendant C in the judgment of the first instance shall be revoked.

Defendant C’s KRW 302,442,00 and this shall apply to the Plaintiff.

Reasons

Basic Facts

The reasons for this part are as follows, given that this Court’s reasoning is identical to the corresponding part of the reasoning for the judgment of the first instance except for partial dismissal or addition as follows, it refers to the same as the reasoning for the judgment of the first instance.

▣ 제1심 판결문 제3면 아래에서 제3행 중 “주식회사 I”을 “주식회사 I(이하 ‘I’이라 한다)”으로 고친다.

▣ 제1심 판결문 제4면 제10, 11, 13행 중 각 “D”를 각 “B”로 고친다.

▣ 제1심 판결문 제4면 제15행과 제16행 사이에 다음과 같은 기재를 추가한다.

The buyers of E, including Defendant C, filed a lawsuit against E and M and N corporation on June 17, 2010 seeking the return of the sale price already paid under the Seoul Central District Court 2010 Gahap62241, but the above court rendered a judgment dismissing the claim of Defendant C, etc. on October 15, 2010. The appeal was lodged by Defendant C, etc. as Seoul High Court 2010Na109864, but the above appellate court did not deem that the above appellate court had deceiving Defendant C, etc. about surrounding conditions while entering into the instant sales contract on October 10, 2013, or caused mistake. It is difficult to view that the sales contract of this case was cancelled due to the nonperformance, impossibility of performance, or delay of performance against Defendant C, etc., and the above judgment dismissed the appeal by Defendant C, etc. on the ground that it was final and conclusive (hereinafter referred to as “related lawsuit”).

).』 ▣ 제1심 판결문 제4면 제16행 중 “12호증”을 “제12, 17 내지 19호증(가지번호 있는 것은 가지번호 포함, 이하 같다)”으로 고친다.

Plaintiff’s assertion

The reasons for this part of this Court are as stated in the reasoning of the judgment of the first instance except that the respective "D" in the 4th and 20th of the judgment of the first instance is dismissed as "B", and therefore, the same part of the judgment of the first instance is stated.