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(영문) 대구고등법원 2017.06.22 2016나22593
사해행위취소
Text

1.The following additional payments shall be ordered among the parts concerning the primary claims against the defendant in the judgment of the first instance.

Reasons

1. The reasons for the court's explanation of this case are as follows, and the reasons for the court's explanation of this case are the same as the reasons for the court's decision of the first instance except for adding or adding the following matters. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure

2.The following shall be added to the 14th 14th 14th son of the judgment of the court of first instance, and the following shall be added to the 15th son [based on recognition] of the same page.

Of the deceased’s successors, B reported the renunciation of inheritance on August 18, 2015 by the Daegu Family Court Kimcheon Branch of 2015Ra354, and the above report was accepted as of September 8, 2015." The part of “d. cancellation and restoration” between 7th and 20th 7th 12th 20 of the judgment of the first instance court is followed as follows.

The instant donation contract concluded between D. Cancellation and Restoration Deceased and B shall be revoked as it constitutes a fraudulent act. Restoration to the original state, the Deceased shall pay to the Plaintiff the sum of KRW 53 million ( KRW 50 million in total) as seen above. The Deceased died after the fraudulent act in this case, and on September 8, 2015, the deceased’s wife B reported the renunciation of inheritance of the deceased’s property on September 8, 2015. As seen earlier, the Defendant, a child, inherited the deceased’s property solely. Accordingly, the Defendant is liable to pay to the Plaintiff damages for delay calculated at the rate of KRW 53 million per annum as stipulated in the Civil Act from the day following the date this judgment became final and conclusive to the day of full payment.

3. As such, the plaintiff's primary claim is accepted within the scope of the above recognition, and all of the remaining primary claims and conjunctive claims shall be dismissed for lack of reasonable grounds. Since the part concerning the main claim against the defendant in the judgment of the court of first instance is unfair with different conclusions, the part concerning the main claim against the defendant in the judgment of the court of first instance falls under the part concerning the main claim against the defendant in the judgment of the court of first instance, which

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