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(영문) 대구지방법원 2018.10.24 2018나307387
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, which cited the same as the reasoning of the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except when the judgment is used or added as follows.

2. In the second part of the judgment of the court of first instance, “Agricultural Bank” in Section 10 of the second part shall be raised to “Agricultural Bank”.

The second part of the judgment of the first instance is that “as until December 2, 2016,” “as until December 3, 2013,” the second part of the judgment of the first instance read as “as until December 3, 2013,” and “in the meantime, the guarantee period was extended until December 2, 2016).”

The second part of the judgment of the first instance is referring to "D" in the second part of the judgment of the first instance as "C".

Part III of the judgment of the court of first instance (hereinafter referred to as "the establishment registration of a mortgage of this case") shall be deleted.

The third party judgment of the first instance shall delete “other than the above obligation against the plaintiff” in the third party judgment of the first instance.

"Evidence 1, 4, and 6 of Category 16 of the judgment of the first instance" shall be understood as "Evidence 1, 4, 6, and 7 of Category A".

The third part of the judgment of the first instance is "this court" in the 17th part of the judgment.

The 5th of the first instance judgment "B No. 2" in the 14th of the first instance judgment shall be raised as "B No. 2".

The fifth part of the judgment of the first instance is "the instant sales contract" as "the instant sales contract".

From 6th to 11th of the first instance judgment, "it seems that the defendant is not in a relationship with B.

However, at the time of the instant sales contract, the establishment registration of the instant neighboring real estate, the maximum debt amount of which is KRW 96 million, was completed, and thus, if the Defendant was aware of at least the purchase price, the Defendant would take a method of paying to the National Bank, a direct mortgagee, the amount equivalent to the secured debt of the instant collateral security out of the purchase price, to remove the risk that the establishment registration of the instant neighboring real estate would not be revoked even if the purchase price was fully paid.

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