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(영문) 서울고등법원 2018.04.12 2017나2040441
사해행위취소
Text

1. Revocation of the first instance judgment.

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

3. The total cost of the lawsuit.

Reasons

1. The reasons why this Court is stated in this part of the underlying facts are the same as the entries in the part “1. Basic Facts” from 6 to 5, 16 of the first instance judgment, except for the following parts. As such, it shall be cited by including the abbreviation in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part III of the judgment of the court of first instance and part IV 1 to 3 shall be followed as follows.

2) On November 3, 2009, H drafted a letter of delegation stating that H shall delegate to F all the matters concerning the disposal of each real estate listed in the separate sheet (hereinafter “instant land”) it was owned by it, and a letter of notarial deed stating that H shall be authenticated before J.

A person shall be appointed.

2. Determination

A. The existence of the preserved claim and the reasons why this Court shall be stated in this part of the establishment of the fraudulent act are as follows: (a) Exclusion of the parts used by the court of first instance from 5, 17 to 10, 3.

Recognition of preserved Bonds;

B. The part of the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is identical with the part of the parties' assertion 1, 2) whether the instant right to collateral security belongs to F's responsible property, 3) whether the F's insolvency is recognized, and 4) the establishment of fraudulent act and intent to understand. (a) On the 8th judgment of the court of first instance, the part of "the court of first instance established the right to collateral security in the name of the defendant and transferred the right to collateral security in the name of the defendant," which "the court of first instance admitted the registration of creation of the instant right to collateral security in the name of the defendant, B, and C, and transferred the instant right to collateral security in the name of defendant D, E.

(c) Nos. 9 and 13 through 18 of the first instance judgment shall be followed as follows.

3) Whether or not the F is insolvent is the result of the F’s entrustment of appraisal to the appraiser N of this Court, to the head of Gangnam-gu in the first instance court.

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