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(영문) 서울고등법원 2017.01.11 2016나2024145
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. Basic facts

A. The Plaintiff transferred C’s bank account, ① KRW 9.5 million on September 16, 201, ② KRW 50 million on February 7, 2012, ③ KRW 15 million on April 2, 2012, ④ KRW 64.5 million on August 7, 2012, ⑤ KRW 20 million on March 8, 2013, ⑤ KRW 60 million on May 15, 2013, and KRW 70 million on July 18, 2013, including KRW 264.5 million.

(hereinafter referred to as the "amount of remittance" in the order of remittance, and (2), (3), (4), (5), (6), (7) the total amount of remittance.

C deposited 134,921,391 won deposited in C’s name with the Defendant’s account transfer of KRW 134,921,391 (i.e., the account transfer of KRW 131,619,494) from the Financial Investment Company H account of KRW 3,301,897, which was a new account transfer of KRW 131,619,494 to the instant account, and deposited money from the account, on April 25, 2014, C deposited 134,921,391 (i.e., the account (Account Number: G; hereinafter “instant account”) in the name of the Defendant who is the husband of his female spouse, as indicated in the table as follows.

C. On May 19, 2014, C transferred ownership to the Defendant on May 19, 2014 regarding the motor vehicle listed in the separate sheet in C name (hereinafter “instant motor vehicle”).

[Ground of recognition] Evidence Nos. 1 through 4, 8, 10, 16, 17, 19, 20, 23, 24, 31, and 31, and the purport of the whole pleadings

2. Determination as to the existence of the preserved claim

A. The court's explanation on this part of the parties' assertion is three-dimensional reasons for the decision of the court of first instance.

A. The parties' arguments (as stated in Chapter 3, No. 13, No. 11, No. 4, and No. 11, of the judgment of the court of first instance) are identical to that of the parties, and thus, they are cited by the main sentence of

B. As to this part of the facts of recognition by this Court

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