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(영문) 서울북부지방법원 2017.05.12 2016나36483
사해행위취소
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the first instance is March 1 of the judgment of the first instance.

(2) In addition to the following cases, the foregoing paragraph is identical to the statement in the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. (2) Defendant B, the former husband of Defendant A, was given the instant real estate under the property division name, including consolation money, after having agreed to divorce from June 2013 due to the economic influence, such as the actual position, business failure, etc. of Defendant A, who was the former husband, and thereafter, applied for confirmation of intention of divorce on August 22, 2016, and the agreement was reached on October 12, 2016. Thus, Defendant B asserted that the instant gift does not constitute a fraudulent act. However, in light of the fact that the Defendants started the procedure of divorce only before the first instance judgment was rendered, the evidence submitted by Defendant B alone is insufficient to acknowledge the facts of the instant Defendant’s assertion, and there is no other evidence to acknowledge this otherwise. Accordingly, Defendant B’s assertion is without merit.

3. The judgment of the court of first instance is just, and the defendants' appeal is dismissed.

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