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(영문) 서울고등법원 2016.09.01 2016나2010825
사해행위취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following, and therefore, this case is quoted by the main text of Article 420 of the Civil Procedure Act.

The three pages of the decision of the first instance court shall be referred to as the "court of the first instance".

7 to 8 of the judgment of the first instance court is added to the following: “The fact that there is no particular property in the B other than each patent right of this case is seen to have existed.”

[In order to determine the debtor's insolvency in a lawsuit seeking revocation of a fraudulent act, property which cannot serve as a joint security for claims due to lack of property value shall be excluded, except in extenuating circumstances. If such property is a claim, it shall be included in active property only where it is reasonably affirmed that the claim is easily repaid (see, e.g., Supreme Court Decisions 2004Da58963, Jan. 28, 2005; 2012Da11401, Dec. 12, 2013). 1-C. In addition, most of the B assets are receivables as recognized in subparagraph 1-C, and it is difficult to view that it is reasonable to acknowledge the existence of certainty that the claim for the outstanding amount can be easily repaid, and no other evidence exists to acknowledge this.]

2. The decision of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit.

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