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(영문) 서울고등법원 2018.08.31 2017나2052031
사해행위취소
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

(b).

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and the reasoning of the judgment of this court is as follows, except for adding the judgment, which is emphasized by the defendant in this court, to the argument that is emphasized by this court, and therefore, it is identical to the ground of the judgment of the court of first instance

The third part of the 8th part of the 8th part " paid in full, later received the instant real estate, and completed a move-in report on the resident registration of the instant real estate on July 4, 201."

“21” and “30” shall be added respectively to “9” of the 4th sentence, “27” and “30” thereafter.

Each "loan Contract" of the 4th, 8, 9, and 10 acts shall be regarded as a "Gift Contract".

The first to fourth parallels are as follows.

There is no evidence to acknowledge that the contract was entered into between B and the Defendant as a donation of the amount equivalent to the deposit for lease separately from the lessee’s replacement contract on January 10, 2013. There is no evidence to acknowledge that the 5th page 18 to 14th page of “The 5th page is as follows.”

As seen earlier, the fact that “B completed the resident registration of the instant real estate on July 4, 201, which was subsequent to the instant trust.” As such, Korea’s trust cannot be deemed to have succeeded to the lessor’s status against B, who did not obtain the opposing power prior to the instant trust (see Article 3(1) and (4) of the Housing Lease Protection Act). Therefore, the Plaintiff’s first preliminary claim is without merit without any need to further examine it. Accordingly, the Plaintiff’s third priority claim is deemed to be “ August 9, 2014” as “ June 9, 2014.”

Part 8 (15) of the first instance court is "the court of first instance".

2. Additional determination

A. Of the Defendant’s assertion B’s debt owed on January 10, 2013, most debts were the joint and several debt obligations for D’s loan, and D was normally operated, and thus, the Defendant’s financial capability was sufficient.

D The reasons why the D suffers financial difficulties are due to a fire that occurred around June 2013, and B is due to a fire that occurred around June 2013.

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