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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following cancellation and payment order.
Reasons
1. The reasoning of this court is as follows, in addition to the rejection of each description of evidence Nos. 6 and Nos. 11 (including serial numbers) that lack to recognize the defendant's assertion as evidence that is submitted additionally in the trial of the court of first instance as evidence, 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. Thus, this court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts in height:
A. From 12 to 12, the first instance court's decision No. 5 of the first instance court's decision "as recognized" is followed:
“In accordance with the results of appraisal by the appraiser F of the trial court, the market price of the instant real estate can be recognized as being 215 million won or more on March 2013 through May 2013, and it is confirmed that the same price is also the same as on the date of the closing of argument at the trial at the court of the trial. As such, the value of the joint security as the limit of revocation of fraudulent act and compensation for value is KRW 215 million after deducting KRW 123 million from the amount of the secured debt at KRW 200 million.”
(b) the first instance court’s 20, 21, and 6-1 of the first instance judgment “97 million won” shall each be “92 million won”.
3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. Since the judgment of the court of first instance is unfair with some different conclusions, the part against the defendant ordering cancellation and payment exceeding the above recognition scope of the judgment of the court of first instance is revoked and the plaintiff's claim corresponding to the cancellation portion is dismissed, and the remaining appeal of the defendant is dismissed as per Disposition.