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(영문) 서울중앙지방법원 2019.09.18 2019나8824
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the following “the part which is dismissed or added.” Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The provisions of Section 1(c) out of Section 2 of the judgment of the court of first instance, which take place or added, shall be as follows.

C. On September 20, 2017, the value of C’s property (other than cash) property as of September 20, 201: (i) active 10 shares of 6/10 of the instant apartment complex 954,00,000; (ii) 636,000,000 3 Seoul E-building 90,000 4 automobiles (2007, 2007, 300, 400 7,50,50,000 7,50,000 7,50,006 40,006 7,200,006 7,200,000 7,200,007 7,000,007 207,679,000,000 7,679,000,000 8,307,100,001,300.

According to the above facts of recognition, since C was insolvent by selling the apartment of this case to the Defendant on September 20, 2017, barring any special circumstance, the sales contract of this case constitutes a fraudulent act as a juristic act detrimental to the general creditors of C including the Plaintiff, and the contract of this case also constitutes a fraudulent act in light of the property status of C, the relationship between the Plaintiff and C, and the relationship between C and the Defendant, etc., of the first instance judgment.

“The Defendant, from C, is the case.

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