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(영문) 서울고등법원 2017.07.18 2017나2012170
사해행위취소 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the first instance, except for the case being cited or added as set forth in the following 2.2. Thus, it shall accept it pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. On the second part of the judgment of the court of first instance, the second part of the judgment "credit guarantee agreement" is raised as "loan agreement".

No. 15 of the judgment of the first instance shall delete the "credit guarantee accident and".

Part 2 of the judgment of the first instance is 17 in the first instance, "Any person causes a credit guarantee accident due to a party road". The second part of the judgment is "a person causes a party road."

The third page of the judgment of the first instance is that "The first real estate" is "the real estate listed in attached Form 1 (hereinafter referred to as "the first real estate"; hereinafter referred to as "the first real estate")" as "the real estate listed in attached Form 1 in the details of the property."

The third through fourth of the judgment of the first instance is as follows. The third through fourth of the judgment of the first instance are as follows.

1) On April 25, 2012, the Credit Guarantee Fund, another creditor of C, completed a provisional injunction against disposal of the first real estate on April 25, 2012 by having the right to claim the cancellation of registration of ownership transfer by obligee's right of revocation as a preserved right.

The evidence submitted by the Defendant alone is added to “in comprehensive cases” and “the evidence submitted by the Defendant” in Part 9 of the first instance judgment and Part 18 of the first instance judgment. The evidence submitted by the Defendant in Part 20 of the 9th instance judgment is as follows. There is no other evidence to acknowledge it.

In addition, even if the defendants' assertion is based on the defendants' assertion, the defendants concluded a sales contract for the first real estate between D and D with the knowledge that the property division agreement of this case was judged as a fraudulent act in the related lawsuit, and completed the registration of transfer of shares based thereon.

3. In conclusion, the judgment of the first instance is just, and all appeals by the Defendants are dismissed. It is so decided as per Disposition.

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