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(영문) 서울고등법원 2015.06.18 2014나2033237
청구이의
Text

The part of the first instance judgment against the plaintiff shall be revoked.

The Seoul Northern District Court sentenced the defendant C on May 16, 2012.

Reasons

In the trial scope of this court, in the first instance court, the plaintiff raised an objection against the defendant, and the independent party intervenor (hereinafter referred to as the "participating") filed a claim against the defendant C to revoke the defendant's act of exempting obligations and to verify the existence of obligations. The first instance court dismissed the plaintiff's claim, dismissed the part of the claim to revoke the act of exempting obligations in the intervenor's application, and accepted the claim to confirm the existence of obligations. Since only the plaintiff appealed, only the plaintiff's claim and the intervenor's claim to verify the existence of obligations are subject to

Basic Facts

On November 15, 2010, the Defendant provided D with the right to sell 1,000 money out of 5,000 money of the 1,000 money out of 5,00 money in the wing-gun, Chungcheongnam-gun, Chungcheongnam-gun, the sale price of which is KRW 3 billion, and D provided with the right to sell 1,00 money within one year from the date of receipt of the said right (hereinafter “instant sales contract”), and C provided a joint and several guarantee for the payment of the sale price in the instant sales contract with D.

D did not pay 1,00 a saves document containing an save number that was delivered by the Defendant, and died on October 22, 2011.

In order to preserve the sale price of the instant sales contract, the Defendant received the provisional attachment order (the claim amounting to one billion won) from the Daejeon District Court on January 9, 2012, 2012 and the provisional attachment order (the claim amount to one billion won) on February 17, 2012, with respect to the ground H apartment, such as Seongdong-gu Seoul, Seongdong-gu, Seoul, which is a joint guarantor, 105 Dong 1302 (hereinafter “purpose real estate”).

After that, on March 15, 2012, the defendant filed a lawsuit claiming the guaranteed debt against C by Seoul Northern District Court 2012Gahap20257, Seoul Northern District Court (hereinafter referred to as the "the judgment in favor of the defendant") to order C to pay "1.5 billion won and its delay damages" on May 16, 2012.

The above judgment was finalized on June 5, 2012.

On the other hand, however,

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