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(영문) 서울중앙지방법원 2016.09.30 2016나29752
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 court’s explanation concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since it is identical to the reasoning of the judgment of the first instance except for addition or modification as follows.

2. The addition or revision of the first instance court’s decision on the commencement of compulsory sale toG is the “decision on the commencement of compulsory sale” of the 13-14th judgment.

The 301 and 401 at the lower end of the fourth judgment of the first instance court are the same as “301 and 501”.

The first instance court held that “it may be known that all the purchase price for the instant real estate was paid,” which reads as follows: “The fact that the remainder of KRW 100 million was paid, excluding the amount of KRW 450,000,000,000,000,000,000,000 for the lessee who agreed to succeed to the ownership of the instant real estate (No. 401)

The following shall be added to the lower court’s 2nd bottom of the first instance court’s 6th judgment “the fact that it appears to have been made for the purpose of avoiding damage.”

"No. The No. the No. the No. the beneficiary's bad faith in the cancellation of fraudulent act means recognizing the fact that the beneficiary's assets are reduced by the debtor's disposal of assets, which makes it impossible to fully satisfy the creditor's claims due to the reduction of the amount of joint collateral or the lack of joint collateral already available to the creditor, and such recognition does not require the awareness that there is sufficient and specific creditor in relation to the general creditor. The defendant bears the obligation to return the lease deposit with a significant portion of the value of three bonds among multi-households owned by C, as well as the obligation to return the lease deposit with a significant portion of the value of three bonds from among multi-households owned by C, and there was no substantial active property in relation to two bonds (301 and 501) from among them, while the auction is in progress, it is an economic ability of C to withdraw the above auction.

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