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(영문) 대전지방법원 2018.06.08 2017나114304
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 of this case is as stated in the judgment of the court of first instance, except for the case as described in paragraph (2) below. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the trial of the court of first instance, which was written after the dismissal, is written by the 7th page "......"

【The Supreme Court Decisions 2010Da10376 Decided December 22, 2011 and 2002Da27903 Decided August 27, 2002, which are invoked by the defendant, are different from those of this case where the debtor prepares a notarial deed stating the purport of entering into a loan contract for consumption and accepting compulsory execution at the request of an obligee who requires an execution title to equally be distributed in the auction procedure on the debtor’s property, and where the debtor prepares a notarial deed stating the purport of accepting a compulsory execution as to the claim for the amount of the bill more than five months after the debtor issued a bill for the repayment of the existing obligation, and the debtor prepares a notarial deed stating the purport of accepting a compulsory execution as to the existing obligation with the intention of having a specific obligee as to the existing obligation repay in fact.

[Judgment]

3. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.

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