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(영문) 서울고등법원 2017.10.20 2016나2068428
사해행위취소
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. Attached list 6, 7, 9, 9 among the plaintiff's conjunctive claims.

Reasons

1. The first instance court, which is the subject of the trial of this Court, dismissed the Plaintiff’s primary claim against the Defendant, and accepted the conjunctive claim. Accordingly, the Defendant only filed an appeal concerning the conjunctive claim against the Defendant, which is the part against which the Plaintiff lost, the subject of the trial of this Court is limited to the conjunctive claim, namely, the revocation of the fraudulent act and the claim for restitution against

2. Under the premise that the Plaintiff had a claim for a promissory note amounting to KRW 3 billion or a joint and several surety claim against D, the Plaintiff asserts that a sales contract for each real estate listed in the separate sheet between D and B, which is the beneficiary, is a fraudulent act, and seeks revocation of a fraudulent act, provisional registration in the name of the Defendant, and cancellation of transfer of ownership registration against the Defendant, who is the subsequent purchaser. The relationship between ownership change in each land listed in the separate sheet Nos. 1 through 5, 8, 11, and 12 (hereinafter “each land of

Building Nos. 6, 7, 9, and 10 (hereinafter referred to as "each building of this case")

[Attachment 1 MD (Sale on March 14, 198, March 28, 198), B (Sale on March 23, 2014, May 26, 2014, May 21, 2014, 201, 203. 4. 1. 1. 1. 2. 2. 4. 1. 2. 4. 2. 1. 2. 2. 4. 1. 2. 2. 3. 2. 1. 2. 4. 2. 1. 2. 3. 2. 4, 205, 2. 3. 2. 1. 3. 20, 2014; 2. 4-11. 24-14 or 24-14, 198. 1. 3. 1. 1. 1. 1. 98

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