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(영문) 서울고등법원 2019.01.31 2018나2036234

사해행위취소

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court’s explanation concerning this case are as stated in the part of the judgment of the first instance except for the corresponding part of the judgment of the first instance as stated in the following paragraph (2). Thus, this is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. According to the above-mentioned facts, the Plaintiff’s taxation claim amounting to KRW 344,366,910, including additional dues, shall be deemed to have no dispute between the parties. The Plaintiff’s taxation claim amounting to KRW 344,366,910, which is the preserved claim of the obligee’s right of revocation, was already established at the time of the transfer of this case, or is established in the near future, and its probability has been realized in the near future. As such, the Plaintiff’s taxation claim shall be deemed to have become the preserved claim of the obligee’s right of revocation, and the Plaintiff’s taxation claim shall be deemed to have become the preserved claim of the obligee’s right of revocation.

A. On the 7th written judgment of the court of first instance, “after the closing of the argument in this case” was “after the closing of the argument in this case.”

3. The decision of the court of first instance is justified, and the appeal by both the plaintiff and the defendant is dismissed as it is without merit. It is so decided as per Disposition.