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(영문) 수원지방법원 2016.08.12 2015나38313
사해행위취소 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The full payment of KRW 375 million is made" in Part 3 of the reasoning of the judgment of the court of first instance and Part 11 of the judgment. "At the time of the conclusion of the contract of this case, the register of the real estate of this case does not have the registration or provisional seizure or seizure of other security such as the establishment registration (the former registration of the establishment of the establishment of the establishment of the establishment of the real estate of this case was cancelled before the conclusion of the contract of this case) and it seems that there are no circumstances under which the defendant could suspect the credit standing of the real estate of this case. (5) In light of Paragraph (4) of the special terms of the contract of this case, the plaintiff stated that "the seller did not know that it was in excess of the obligation of KRW 375 million at the time of the contract of this case at the time of the conclusion of the contract of this case." However, it appears that the defendant did not have the obligation to establish the registration of the establishment of the establishment of the establishment of the real estate of this case between the execution date and the contract of this case.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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