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(영문) 서울고등법원 2018.11.29 2018나2045955
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of the lawsuit after the appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Scope of trial of the political party after remand;

A. In the first instance court, the Plaintiff filed a lawsuit seeking revocation of fraudulent act and restitution with respect to the instant real estate and each of the instant gift contracts listed in paragraphs (1) through (33). The court of first instance dismissed each of the respective gift contracts listed in paragraphs (15) through (20), and (22) of the table of the instant gift (hereinafter “additional part”). The part of the instant gift contracts concerning the instant real estate and the respective gift contracts listed in paragraphs (5) through (11) of the table of the instant gift were cited respectively, and the remaining part of each of the gift contracts listed in paragraphs (1) through (4), (12) through (14), (21), (23) through (3) was dismissed.

B. As to this, the Plaintiff appealed only to the above additional part among the judgment of the first instance, and the Defendant appealed against the part against the Defendant in the judgment of the first instance. The judgment prior to the remanded the Plaintiff’s appeal and the Defendant’s partial appeal, which accepted the Plaintiff’s appeal, and the part concerning the gift contract of this case and the above additional part in the Plaintiff’s claim were cited, and the part concerning each of the gift contract of this case as stated in the list Nos. 5 through 11 was

C. Accordingly, the Defendant appealed only to the above additional part, and the Supreme Court reversed the above additional part among the part against the Defendant in the judgment prior to remand, and remanded it to this court.

(A) The Plaintiff filed an appeal against the Plaintiff on the part of each gift contract indicated in paragraphs (5) through (11) of the list of the gift of this case, among the parts against which the Plaintiff lost prior to the remanding of the case, and withdrawn it on March 9, 2018).

Therefore, the part of each gift contract stipulated in paragraphs (1) through (4), (12) through (14), (21), (23) through (3) of the list of donations of this case, for which no appeal has been filed among the judgment of the court of first instance, shall be examined before it is remanded.

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