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(영문) 전주지방법원 2016.05.19 2015나4392
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim for monetary payment against the defendants and the defendant C and D are the main issue.

Reasons

1. After remanding the case, the Plaintiff filed a lawsuit against Defendant B of the first instance trial on the revocation of the gift agreement entered into with the Defendant C and D as a fraudulent act and seeking restitution, and the court of first instance rendered a judgment that fully accepts the Plaintiff’s claim. The court of first instance rendered a judgment that fully accepts the Plaintiff’s claim.

The Defendants appealed to the entire judgment of the first instance court, and the deceased Party B before the remand, and succeeded to the Plaintiff and the remainder of the Defendants, and the Plaintiff added the Defendant C and D’s claim for cancellation of the ownership transfer registration based on the subrogation right of the obligee on each land indicated in the separate sheet.

The trial prior to the remand accepted all of the plaintiff's claim for monetary payment and the primary claim against the defendant C and D.

Therefore, only the Defendants were appealed against the Defendants. The Supreme Court accepted the Defendants’ appeal and reversed the part against the Defendants in the judgment before remanding the case, and remanded the case to this court.

(2) The court below's judgment against the plaintiff as to the claim for payment of money was affirmed. Therefore, the judgment against the plaintiff is limited to the part that was reversed and remanded as above, that is, the part that lost the defendant as to the claim for payment of money among the judgment of the court of first instance, and the part that was added to the plaintiff's main claim against the defendant C and D before the remand and the plaintiff's conjunctive claim.

2. Basic facts

A. On February 10, 201, with respect to H land under the Plaintiff’s name, the registration of ownership transfer was completed on October 10, 2001 on the ground of the termination of the registration on February 15, 2002 on the ground that the registration of ownership transfer was completed on October 10, 2001 under the name of the deceased B, and on the same day on February 15, 2002.

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