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(영문) 부산지방법원 2020.10.15 2019나62178
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

purport.

Reasons

The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for the case, which is used by the court as set forth in the following paragraph (2). Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act. On the fourth part of the judgment of the court of first instance, the following is added to the part to be used by the court of first instance,

“2) In principle, it is required that a claim protected by the obligee’s right of revocation has arisen prior to the occurrence of an act that can be deemed a fraudulent act, but it is highly probable that at the time of the fraudulent act, there has already been a legal relationship that serves as the basis of the establishment of the claim, and that the claim should be established in the near future because it is realizing the probability in the near future, the claim may also become a preserved claim of the obligee’s right of revocation in the near future.

(See Supreme Court Decision 95Da27905 delivered on November 28, 1995, and Supreme Court Decision 2004Da40955 delivered on November 12, 2004, etc.). On the 4th page 10 of the first instance judgment, “On the other hand,” in the light of the above legal principles, “in the light of the above legal principles,” “in the first instance judgment,” the “in the light of the above legal principles.”

3. If so, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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