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(영문) 부산고등법원 2015.12.16 2015나52879
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for deletion or addition, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second page 11 of the judgment of the first instance court stated that “The transfer contract of this case was concluded” (hereinafter referred to as “the transfer contract of this case”) was followed by “83,345,501 won” and “the transfer income tax of this case” in the third Chapter 5 added to “the transfer income tax of this case”.

Part 2 of the decision of the first instance court, the "F" in Part 11 of the decision of the second instance shall be deemed to be "C", and the "65,00,000,000" in Part 15 shall be deemed to be "650,000,000".

In the reasoning of the judgment of the first instance court, the part "3. Judgment on the previous defense of the merits" shall be deleted.

Parts 1 through 4 of the judgment of the first instance shall be prepared as follows:

Comprehensively taking account of the purport of the entire arguments in the statement Nos. 5 and 8 of this case, active property of Oct. 5, 201, which was at the time of the delivery of this case, is as follows (the execution of the transfer contract of this case at the time of the delivery of this case shall be deemed as having been completed, and the value of each real estate of this case shall not be included in active property.

(i)No. 10 of the first instance judgment, “Accompony” in Part 13 of the Decision shall be deemed to be “Accomony”, and the following parts shall be added to the part “Acony” in part 10, 11:

『㉱ 이 사건 제1 내지 4 차용금에 있어 형식상 채무자가 피고로 되어 있기는 하나, 이는 위 각 차용금의 담보물이 피고 소유인 관계로 형식상 피고가 대출계약상의 채무자로 된 것으로 보일 뿐, 실제 채무자는 피고의 동생인 B으로 봄이 상당할 뿐만 아니라(앞서 본 바와 같이 위 각 차용금이 B에게 귀속되었고, 그 이자 역시 B이 부담하였다

In the process of repayment of each of the loans in this case, B shall give the Defendant the money to be repaid, and the Defendant shall have the appearance of repaying the loan to the financial institution.

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