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(영문) 서울중앙지방법원 2016.11.25 2016나8908
구상금
Text

1. The part of the judgment of the court of first instance, including the Plaintiff’s claim changed in the trial, against the Defendants is as follows.

Reasons

1. The reasoning for the court's explanation on this part of the basic facts is as follows: "Defendant A Co., Ltd." in Section 4 of the first instance court's decision No. 4; "Co., Ltd." in Section 4; "A" in Section 4; "Defendant A" in Section 5; "Defendant B" in Section 4; "Defendant B" in Section 13; "Defendant C" in Chapter 4; "Defendant C" in Chapter 5; "Defendant C" in Chapter 5; "Defendant C" in Chapter 5; "Co., Ltd. in Chapter 5; "I do not have any dispute"; "Defendant C" in Chapter 5; "No. 5; the grounds for the recognition of the second 5th 2nd 5th 2nd 5th 5th 5th 2nd 2nd 10th 2nd 4th 20th 1st 20th 2nd 20th 2nd 3th 3th 2nd 3th 3th 2nd 4th 1st 2th 20.

【Supplementary Part】

D. On September 22, 2015, the distribution schedule was prepared that Defendant D received KRW 15,830,830 as a mortgagee, as a collateral security.

2. Determination

A. 1) The existence of a preserved claim is, in principle, arising before the obligor performs a juristic act for the purpose of property right with the knowledge that it would prejudice the obligee. However, at the time of the juristic act, there is a high probability that the legal relationship, which is the basis of establishment of the claim, has already been established at the time of the juristic act, and that the claim would have been created in the near future. In the near future, where a claim has been created due to its realization in the near future, the claim may also become the preserved claim of the obligee’s right of revocation (see, e.g., Supreme Court Decision 2009Da81920, Sept. 29, 201).

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