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(영문) 부산지방법원 2019.05.29 2018나56718
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 first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In full view of the overall purport of the statements and arguments stated in Gap evidence Nos. 2, Eul evidence Nos. 3, and 4, the defendant transferred 45 million won, which is the sum of the money transferred by the defendant's leakage and his mother to Eul account under the name of the defendant, to the account of the non-party company in the name of the non-party company. The deposit money for the non-party company on the real estate registration was KRW 45 million, but the maximum debt amount for the registration of the creation of a mortgage of the non-party to the real estate of this case was more than

According to the above facts of recognition, it is insufficient to recognize that the defendant has a claim against C in substance, and it is difficult to deem that the mortgage contract of this case was concluded to substitute for the registration of the establishment of chonsegwon by the non-party company

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

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