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(영문) 서울중앙지방법원 2016.11.09 2016나9512
사해행위취소
Text

1. The Plaintiff’s appeal against the Defendants and the Plaintiff’s claim against Defendant A expanded in the trial.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is the same as that of the first instance judgment, except for the case being cited or added as set forth in paragraph (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. Once the judgment of the court of first instance was rendered, the 15th to 18th shall be followed as follows.

(m) The value as of March 5, 2010 of the instant real estate is KRW 90,382,50, and as of March 1, 2016, the value as of March 1, 2016 is KRW 200,947,50. (Ha) At the time of March 5, 2010, the secured amount as of March 5, 2010 is KRW 21,455,616 (= principal + KRW 20,000,000 + interest and overdue interest + KRW 1,45,616).

B. On the 5th page 6 through 9 of the first instance judgment [based grounds for recognition], the following is added: “The entry of the evidence No. 13, the result of the request for market price appraisal of the appraiser L for the first instance trial, the result of the request for submission of financial transaction information as of August 10, 2016 to the monthly agricultural cooperative for the first instance trial.”

C. On the 6th of the judgment of the court of first instance, the 6th of the 14th to 7th of the 6th of the 7th of the 6th of the

“A. The Plaintiff’s share in the inheritance of the instant real estate is the only property for C and D, and the value as of March 1, 2016, as of March 1, 2016, was KRW 200,947,500, and the amount of the secured obligation of the instant first-class mortgage by the monthly agricultural cooperative was KRW 20,000,000, and Defendant B’s secured obligation under the instant first-class mortgage was extinguished by non-existence or extinctive prescription.

Of the common collateral value of the real estate in this case to the general creditors of the real estate in this case, the common collateral value corresponding to the inheritance shares of C and D is 60,315,83 won (=(200,947,500 won - 20,000 won - 1/3,000), and if it is assumed that the secured obligation of Defendant B in this case exists effectively, the common collateral value corresponding to the inheritance shares of C and D in the common collateral value of the general creditors of the real estate in this case is 36,982,50 won (20,947,500 won - 20,000,000 won - 70,000,0000 won) x 1/3). The plaintiff's C,00,000 won

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