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(영문) 수원고등법원 2020.09.17 2019나12134

사해행위취소

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1. All lawsuits filed by the court as to the plaintiff's primary claims added by this Court shall be dismissed.

2. All of the Plaintiff’s appeal.

Reasons

1. The reasoning for this part of the basic facts is as follows, except for those written by the court as follows, and thus, it is identical to the part of "1. Recognition" among the reasons for the judgment of the court of first instance, thereby citing it as it is in accordance with Article 420 of the Civil Procedure Act

The "each real estate listed in the table 1 to 581, 583 to 633" in the 7th page 20 of the judgment of the first instance shall be applied to "each real estate listed in the separate sheet (except the real estate listed in No. 582, No. 582)".

The "Real Estate listed in [Attachment Table 27, 592, 593] in [Attachment Table 27, 382] in [Attachment Table 27, 592, and 593], and each Real Estate listed in [Attachment Table 417 through 571, 573 through 571, 583, 584, 586 through 633” in [Attachment Table 574, 575, 58 through 591, 594, and 595] in [Attachment Table 574, 575, 588 through 595] shall be written.”

2. The plaintiff's assertion

A. The former trustee related to the trust of this case (former trustee) originally had a beneficiary Q and a new trustee of the trust of this case with the above trust-related trust cost and the trust fee claim against Q and a new trustee of the above trust.

The Plaintiff separateed from the transfer of the trust expenses related to the instant trust to Q through the public sale procedure and the instant transfer contract, and the trust fee claims equivalent to KRW 28 billion (hereinafter “instant public sale claim”) from the transfer of the trust fee and the trust fee claims to Q, the Plaintiff received separate assignment of the trust expense and the trust fee claims equivalent to KRW 28 billion among the trust expense and the trust fee claims to the new trustee, which are indivisible or joint and several relationship with the former trustee.

However, for the purpose of preventing creditors from compulsory execution through a conspiracy, the aboveO and the Defendants are entitled to each of the real estate listed in the separate sheet in the name of the Defendants (hereinafter “each of the instant real estate”).