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(영문) 서울중앙지방법원 2018.08.21 2017나63179

사해행위취소

Text

1. In accordance with the reduction of the Plaintiff’s purport of the claim, the judgment of the first instance court is modified as follows.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is: (a) the dismissal or dismissal as set forth in the following (2); and (b) the Defendants’ assertion emphasized or added by this court is the same as the ground of the judgment of the court of first instance, except for the addition of “3. Additional Determination”, thereby citing it as it is in accordance with the main sentence of

2. On the 3rd part of the judgment of the court of first instance, the part that is dismissed or deleted, and the 3rd part of the judgment of the court of first instance, “Defendant A” shall be deemed to be “A”, and the 3rd part of the defendants shall be deemed to be “Defendant A”, respectively.

Part 3 of the judgment of the first instance is "A, F and the Defendants", and part 5 of the same part is "A and the Defendants only", and part 3 of the same part is "Defendant A" as "A and the Defendants only."

Part 3 of the judgment of the first instance court, Part 8 "the defendant" is regarded as "A and the defendants."

On the third side of the judgment of the court of first instance, the sum of the tax liabilities of this case is deemed to be the sum of the tax liabilities of this case.

In the fourth part of the judgment of the first instance, the phrase "shall be presumed, unless there are any special circumstances," among the parts of Chapters 15 through 19, shall be followed as follows:

“Unless there are special circumstances, the agreement on the division of inherited property concluded on July 1, 2014 with respect to F’s share 2/13 of statutory inheritance shares among the instant real property between the Defendants and F constitutes a fraudulent act against the Plaintiff, etc., a debtor F’s creditor (the above agreement on the division of inherited property only acquired only 1/5 shares less than 3/13 of his/her statutory inheritance shares with respect to the instant real property through the agreement on the division of inherited property, and barring special circumstances, the agreement on the division of inherited property concluded between F and the Defendants other than A constitutes a fraudulent act). The debtor F, as a sibling of F, knew of such circumstances.