사해행위취소
1. The part of the judgment of the first instance against the Defendants shall be revoked.
2. The plaintiff's claim as to the above revocation part.
1. The reasoning for the court’s explanation on this part is as stated in the judgment of the court of first instance, except for the following modifications, and therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
An abbreviationd name set forth in paragraph (1) of the first instance judgment shall also be used as it is.
[Supplementary Rule] 1-D of the first instance judgment
the following paragraphs shall be put in each subsection:
D. Meanwhile, the Plaintiff and the instant company C (hereinafter “C”) prior to the merger with the instant company.
(C) As of April 5, 2012, in relation to the repayment of interest on the agricultural loans to Yongsan-si District HH, C agree to compensate the Plaintiff as follows. Terms and conditions of agreement: “The payment of KRW 1 billion at the time of sale of real estate” (hereinafter referred to as “instant agreement”).
) Upon being drawn up, S and T, as indicated in C’s representative, each corporate seal of C is affixed and sealed (However, the position on which the seal is affixed is changed later.
) After the above agreement, the certificate of a corporate seal impression registered in the name of the joint representative director S issued as of April 4, 2012 and the certificate of a corporate seal impression registered in the name of the joint representative director C issued as of February 29, 2012 are attached, respectively. In the judgment of the first instance court, "No. 8" in Part 11 of "No. 6 of the judgment of the first instance is added to "No. 8 and 31".
2. The court's explanation of this part of the plaintiff's assertion is identical to that of the judgment of the court of first instance, and thus, it is citing this part in accordance with the main sentence of Article 420 of the Civil Procedure
3. Determination
A. The reason why the court should explain this part of the judgment on the right to claim damages due to double selling of one trade as to whether the preserved claim exists is set forth in the judgment of the court of first instance
A. 1) Since it is the same as mentioned in paragraph (1), it is cited by the main sentence of Article 420 of the Civil Procedure Act as it is. 2) The reason why the court shall explain this part of the judgment of the court of first instance.
A. As stated in Paragraph 2, Article 420 of the Civil Procedure Act is the same.