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(영문) 서울중앙지방법원 2015.08.21 2015나6479 (1)
구상금 및 사해행위취소청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The court's explanation concerning this case is identical to the part concerning the defendant in the reasoning of the judgment of the court of first instance, except where the part of the judgment of the court of first instance is cited or added as follows. Thus, the court's explanation as to this case is accepted by the main sentence of Article 420 of the Civil Procedure Act.

2. Part 5 of the judgment of the court of first instance to be written or added "each of the statements 1, 2 in Eul's evidence 6, Eul 7, and 8 in Eul's evidence 1, 8" shall be added to "each of the statements in Eul's evidence 6 through 9, 12 through 14 (including the number of statements, if any)" and the result of a request for market price appraisal with respect to Eul's appraiser F.

Then, the following facts are added: “At the time of the conclusion of the instant sales contract, the real estate price of each of the instant real estate is KRW 466,643,670, and the sales price of the instant real estate is KRW 406,222,00, the Defendant cannot be deemed to have sold each of the instant real estate at an unreasonable low price; and A is deemed to fall under “D, the financial structure of which belongs to the creditors having a sound financial structure at the time of the instant sales contract, and, at the time of the instant sales contract, to promote the rehabilitation of the company in excess of the financial structure while maintaining the sound financial structure.”

3. Thus, the plaintiff's claim against the defendant is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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