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(영문) 서울고등법원 2016.03.25 2015나10785
사해행위취소
Text

1. The remainder of the judgment of the court of first instance, excluding the part which became final and conclusive as the plaintiff's loss.

Reasons

1. The case is subject to the adjudication of this court after the process of the lawsuit and its re-return;

A. On December 5, 2007, the first instance court held that B paid KRW 330,000,000 to the Defendant on December 5, 2007 (hereinafter “instant payment act”); and the said amount paid as “the instant payment”).

(2) On December 5, 2007, regarding the donation contract between the Defendant and B, the Defendant revoked the above contract within the scope of KRW 152,00,000 and KRW 152,026,764, which was concluded on December 5, 2007 between the Defendant and B, and the Defendant ordered the Plaintiff to pay 152,026,764 won and the annual interest rate of KRW 5% per annum from the day following the day the judgment became final and conclusive to the day of full payment. (2) The Defendant appealed to the part against the Defendant. (30,000,000 won, which was concluded on December 5, 2007 between the Defendant and B.). The Defendant revoked the Plaintiff’s claim for revocation, which constitutes the part of the Plaintiff’s claim for revocation, and the Defendant revoked the Plaintiff’s claim for revocation and ordered the Plaintiff to pay more than the annual interest rate of KRW 151,928,764,000,000.

3) As to the entire portion of the judgment against the Defendant, the Defendant appealed. The judgment below accepted the Defendant’s final appeal on the ground that “this case’s payment is reasonable to regard it as a division of property following the divorce, and only exceeding the bounds of reasonableness as a division of property should be revoked,” and reversed the part of the judgment against the Defendant in the judgment before remand and remanded. 4) The instant payment prior to the re-transfer is a divorce.

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