logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.02 2015나2072727 (1)
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. Defendant B and E (hereinafter “Nonindicted E”) are in the eighth degree of relationship between Defendant B and the above Defendant, whose name is the same, and Nonparty E and G are married couple.

B. From January 17, 2012 to April 28, 2014, the Plaintiff wired a total of KRW 206,800,000 as indicated in the column for “the consignment amount” in attached Form 2 “the passbook transactions” from the bank account under the name of Nonparty E, the husband of the Plaintiff, to the new bank account under the name of Nonparty E (F). From January 17, 2012 to April 28, 2014, the Plaintiff received KRW 152,90,000 from the bank account under the above Nonparty E’s name to the N’s name.

Part of the details of remittance from the non-party E’s account (Evidence No. 5-1) submitted by the Plaintiff to the N account in the name of the non-party E was deleted, or some of the data were omitted during the period including the relevant details (such as KRW 8,600,500 on January 6, 2012, KRW 4,300,000 on July 17, 2013, KRW 7,500,000 on August 26, 2013, and KRW 7,50,000 on August 26, 2013).

[2] From March 6, 2013 to June 7, 2013, the sum of KRW 21,200,000,000, which was remitted from N’s account to Nonparty E’s account under the name of Nonparty E (this is consistent with the amount calculated by subtracting KRW 185,60,000,00,000, the actual amount of transfer amount claimed by the Plaintiff from KRW 206,80,00.

(iii) are also omitted;

Nonparty E, on December 22, 1987, indicated “Real Estate Indication” in attached Form 1.

1. The ownership of the real estate, and the registration of the real estate attached Form 1, around August 12, 1994

2. Each acquired the ownership of real estate

(2) On May 26, 2014, Nonparty B entered into a payment contract with Defendant B (hereinafter “instant payment contract”) with respect to the instant real estate (hereinafter “instant real estate”). On the same day, Nonparty B completed the registration of ownership transfer with Defendant B as Seoul Northern District Court receipt No. 33823.

Nonparty E, on July 9, 2014, shall provide the following details to the Plaintiff:

arrow