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(영문) 의정부지방법원 2016.01.29 2015나4819
가액배상
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The grounds for the court’s explanation concerning this case are as follows: “Determination on the Defendant’s argument” in Section 9 of Section 4 of the judgment of the court of first instance in Section 9 of the judgment of the court of first instance; “Determination on the Defendant’s argument; Determination on the Defendant’s argument”; Article 2 of the grounds for

C. (2) Except as mentioned below, the reasoning of the judgment of the first instance is the same as that of the part concerning the reasoning of the judgment of the first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of

(2) Since the beneficiary's bad faith is presumed in a lawsuit for revocation of a fraudulent act, the beneficiary is responsible to prove his good faith in order to be exempted from his responsibility.

The issue of the beneficiary's good faith should be determined reasonably in light of the logical and empirical rules, comprehensively taking into account the following: (a) the relationship between the debtor and the beneficiary; (b) the content of the act of disposal between the debtor and the beneficiary; (c) the background or motive leading to such act; (d) whether there are no special circumstances to doubt that the terms and conditions of the act of disposal are normal and objective materials to support the act of disposal

(1) In light of the above legal principles, the following facts are examined: (a) In light of the above legal principles, the Defendant and C, at the time of entering into the instant sales contract on October 17, 2013, the seller received KRW 30,000,000 from the seller, and the remainder of KRW 18,000,000,000 from the buyer, and the buyer first pays the tax at the time of selling the said real estate to the buyer, and the buyer is to delete and sell the seizure. If the buyer fails to cancel the seizure of KRW 18,00,000,000, the buyer shall pay the seller the amount of tax at the time of selling and selling the said real estate, and the buyer shall pay the seller the amount of tax at KRW 18,00,00,000,000 to the seller, and the buyer shall pay the amount of tax at KRW 180,00,000.

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