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(영문) 서울고등법원 2017.09.22 2016나2083151
구상금 및 사해행위 취소의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning for this part of the recognition is as follows: ① each land listed in paragraphs 1 and 2 of the attached Table 11 shall be as follows; ② the housing listed in paragraph 3 of the attached Table 11 shall be as listed in the attached Table 1; ② the housing listed in paragraph 2 of the attached Table 4 shall be as listed in paragraph 2 of the attached Table; ③ the “housing listed in paragraph 3 of the attached Table 11” of the 5th page 1 shall be as follows: ③ the “Eth June 24, 2016; KRW 20 million” of paragraph 1 of the 5th page 1 shall be as follows: “B” shall be as the account in the name of “C” or in the name of “I; KRW 20 million in the future of June 24, 2015; and KRW 25,000,000 in the future of June 25, 2015; ④ the registration of the establishment of the establishment of the establishment of the title “5th class” shall be as follows 7.”

2. The occurrence of the right to revoke the fraudulent act;

A. A claim that may be protected by a creditor’s right of revocation of a preserved claim should, in principle, be derived before the fraudulent act is committed.

However, at the time of the fraudulent act, there is a high probability that there is a legal relationship which already serves as the basis of the establishment of the claim, and that the claim will be established in the near future, and in the near future, where the probability is realized and the claim has been created in the near future, such claim may also become the preserved claim.

(2) In the event that the Plaintiff entered into a credit guarantee agreement with the Plaintiff on December 24, 2010 and borrowed the instant loan based on the credit guarantee agreement with the Plaintiff on December 24, 2010, and that the Defendant jointly and severally guaranteed the obligation owed by A under the credit guarantee agreement with the Plaintiff at the time of entering into the instant sales contract, there was a legal relationship that serves as the basis for establishing the Plaintiff’s claim for reimbursement against A at the time of entering into the instant sales contract.

On the other hand, D is from around 2012 and from around 2013.

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