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(영문) 서울고등법원 2019.10.11 2019나2011041
사해행위취소
Text

1. Revocation of the first instance judgment.

2.(a)

On October 2, 2014, the defendant and C are about 40,662 square meters of forests and fields D in Gyeonggi-gu, Gyeonggi-do.

Reasons

1. The court's explanation on this part of the basic facts is the same as the entry of "1. Basic Facts" among the reasons for the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s assertion C concluded the instant purchase and sale reservation with the Defendant, a company under his management in excess of the debt, such as bearing the obligation for joint and several guarantee against the Plaintiff.

Therefore, the instant reservation constitutes a fraudulent act concluded with a view to undermining the rights of other creditors, such as the Plaintiff, etc., and thus, it shall be revoked. The Defendant is obligated to restore C to its original state that the right to claim transfer of ownership based on the instant reservation is subject to the procedure of cancellation registration

3. Determination

A. The joint and several guarantee claim of this case, which was established with the payment order prior to the existence of the preserved claim, is the preserved claim seeking the revocation of fraudulent act against the sales reservation of this case.

B. The obligor C’s fraudulent act 1) The obligor’s active property at the time of the instant promise to sell and purchase does not conflict between the parties as listed below, or may be acknowledged by adding up the entire purport of the pleadings as a result of the order to submit financial transaction information to FF associations at the first instance court (unit) to the 16,380,000 G land at the first instance court (unit) and 35,490,620,003 G land at 181,620,004 J land at 21,045,005 D land at the time of the instant promise to sell and purchase, 609,930,0005 D land at the time of 609,54,0006 K land at the time of the instant promise to sell and purchase, 51,5265,007, 207, 2096, 3006, 406, 407, 2006, 2067, 467, 167,

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