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(영문) 서울고등법원 2017.05.17 2016나2050007

사해행위취소

Text

1.The judgment of the first instance shall be modified as follows:

C-1/3.

Reasons

1. The reasoning for this case by the court of first instance is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning for this case is the same as that for the judgment of the court of first instance, except for the following cases:

At the bottom of the 2nd judgment of the first instance court, “350,000,00 won” (hereinafter “the instant loan”) shall be added to “the real estate listed in the list of the third and second pages”, “the real estate listed in the list of the attached papers” (hereinafter “the instant real estate”) and “the sales contract of the third and fourth pages” (hereinafter “the instant sales contract”), respectively.

No. 3, 14-16 shares of "No. 1,013,70,747 won, etc. totaling 1,013,70,767 won, etc. equivalent to 244,798,248 won against our bank (as seen below) of "No. 394,030,767 won, etc. (the amount equivalent to the debt owed by C-ownership of the real estate of this case)" shall be deemed "No. 1,162,93,266 won, etc. of total debt equivalent to 394,030,767 won against our bank."

From 3th to 4th 2th 2th 2, “The amount of the instant loan claims is KRW 515,410,958 (= Principal KRW 165,410,958) from February 16, 2011 to April 11, 201” is “The amount of the instant loan claims was established at the time of the conclusion of the pleadings.”

6,374,00 won [ = 11,904,00 won + 34,470,000 won (176,00,000 won - 156,000,000 won)] of the 5th 10th 10 parallels [= 37,374,000 won = 34,470,000 won (167,00,000 won - 156,000,000 won)].

No. 5, 11-12 of the 5th page “this is obvious that the amount of the principal and interest of the Plaintiff’s loan exceeds the amount of the principal and interest of the Plaintiff’s loan at the time.”

The 6th-16th-2th-6th-6th-6th-6th-2 lasts as follows.

In determining whether it constitutes a fraudulent act that is subject to revocation of creditor, the debtor.