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Reasons
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(영문) 서울고등법원 2017.11.14 2016나2039710
사해행위취소
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1. A claim for the revocation of a fraudulent act against Defendant E, CL, J, K, P, AH, Q, AV, BG, and B added by the Plaintiff at the trial.

Reasons

1. Objects of adjudication of this Court;

A. In the first instance court, the Plaintiff claimed revocation of the fraudulent act against the Defendants (excluding Defendant E, CL, J, K, K, P, AH, Q, AV, BG, and B). The first instance court dismissed all of them.

In this regard, the plaintiff appealed against the defendant E, CL, J, K, K, P, AH, Q, AV, BG, and B in the trial, the part of the claim for the revocation of the fraudulent act against the defendants is subject to the judgment of this court.

B. The Plaintiff filed a claim for the payment of money against the Defendants in the first instance trial. The first instance court rejected the part of Defendant C, D, F, AE, AF, AF, AM, AX, BB, H, BH, BM, and BU in entirety. ② The part of the Defendant L, CM, S, AA, AI, AI, AR, AW, AY, AY, BN, and B were partially dismissed, partly accepted, partly rejected, and partly dismissed. ③ The part of the Defendant X and AO was partially accepted, partly rejected, and ④ Defendant E, CL, J, K, K, P, AH, Q, AV, B, and B were entirely dismissed (the Plaintiff’s claim for the payment of money consists of “sale price”, “resident relocation expenses”, “part of the sale price”, “part of the claim”, “part of the remainder of the aforementioned damages”, and all of the aforementioned “part of the claim for the payment of money,” “part of the remainder” or “part of the aforementioned damages.”

(2) The Plaintiff appealed against each Plaintiff’s losing part of the claim for payment of the amount against Defendant C, L, S, AI, N, and AR (the part on which the Plaintiff appealed is dismissed in the first instance trial and the part on delay damages against the Plaintiff).

In other words, if there are parts cited in the first instance trial, the portion rejected in the claim for damages for delay against the cited amount was not appealed.

(2) On the other hand, Defendant L, S, X, AA, AI,N, AO, AR, AY, BN, and B appealed against each of the above Defendants.

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