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(영문) 서울고등법원 2020.07.16 2019나2038855
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and it is identical to the reasoning of the judgment of the court of first instance, if it excludes additional determination of the Plaintiff’s grounds for appeal as set forth in paragraph 2 below, and thus, it is also cited by the main sentence of Article 420 of the Civil Procedure Act.

The margin between the claims and the reasons for the calculation of the number of the first 2 pages 10 was not considered one.

The “I” shall be added to “R”.

On the 3rd page of the Ministry of Agriculture, Food and Rural Affairs, "A and the defendant's bad faith, who is the debtor, is presumed to be presumed to be the debtor," shall be taken into account as "the defendant's bad faith as the beneficiary is presumed".

On the 4th side of the strush, “the intention of the defendant shall be presumed to be his intention.” The defendant’s bad faith (Recognizing that the objective requirements of the fraudulent act have been met) shall be presumed to be presumed.”

(1) On the ground of 5th 7th 8th 6th 6th 7th 7th 5th 5th 5th 6th 7th 7th 7th 5th 7th 7th 1th 18th 1st 18th 1st 1th 13th 18th 18th 18th 1st 18th 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 20

On the 6th page 5, 16-17 of the e.g., “I have received the registration without paying any balance on the date of the contract,” the e.g. “I have received the registration first without paying any balance after four days from the date of the contract.”

⒡ 제6면 마지막 행의 “자신의”를 “C의”로 고쳐 쓴다.

⒢ 제7면 제2행의 “매매계약 체결 당일에”와 같은 면 제4~5행의 “매매계약 체결 당일”을 각 “매매계약 체결일로부터 4일 후 잔금 지급 없이 먼저”로 고쳐 쓴다.

2. Additional decision (Judgment on the grounds of appeal by the plaintiff)

A. In a case involving revocation of a fraudulent act in the summary of the grounds for appeal by the Plaintiff, the beneficiary’s malicious intent is presumed to have been presumed. Therefore, the beneficiary himself/herself must prove that he/she was the good faith.

The sales contract of this case.

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