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(영문) 서울고등법원 2016.11.10 2016나2028710
사해행위취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasons for the court’s explanation concerning this case, including the acceptance of the judgment of the court of first instance, are as follows: “No. 5” was modified to “No. 5 and No. 10”; “No. 5” was revised to “No. 5 and No. 6”; “B issued the Promissory Notes, which form the basis for the attachment and assignment order of the instant claim, to the Defendant; and had the attorney-at-law in charge prepare the No. 1000 regarding this case’s No. 310, a fraudulent act detrimental to the Plaintiff, who is the obligee (hereinafter the obligee), and thus, constitutes a fraudulent act detrimental to the obligee (see, e.g., Supreme Court Decisions 2010Da10376, Dec. 22, 2011; 2014Da208231, Sept. 10, 2015).

) Since the Defendant’s claim against B was repaid upon delivery to it, the Defendant’s claim against the Defendant was extinguished. Accordingly, the Defendant was issued with respect to the claim already extinguished, so this case’s Notarial Deed drawn up on this basis and the instant claim seizure and assignment order (Seoul Southern District Court) that made it an executive title.

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