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(영문) 서울고등법원 2015.11.05 2014나2039266
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

1. The first instance court;

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is that the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance, except for the addition of the following parts, thereby citing it in accordance with the main sentence of Article 420

No. 4, at the end of the fourth sentence, the term "St Bank account in the name of the defendant with the money deposited (hereinafter "St Bank account"), "I Bank account", and "the money deposited by No. 1 through No. 9" means the money of this case.

(b)";

2. Summary of the parties' arguments;

A. The Plaintiff’s primary claim No. 1-B, as seen in Section 1-B, donated KRW 315,00,000,000 in his own deposit account to the Defendant. The Defendant’s primary claim No. 1-B, as a joint guarantor of the instant loan obligation, was liable for a large amount of debt to the Plaintiff, and, in the absence of sufficient ability to repay it, donated his own property to the Defendant constitutes a fraudulent act. The Defendant, while his husband was in excess of his obligation, knew that he avoided compulsory execution, etc. on the property B for the purpose of infringing on the Plaintiff’s claim equivalent to the amount of debt to the Plaintiff’s loan to the Plaintiff to the Plaintiff to the Plaintiff to whom he was the creditor of the foregoing act, was donated each of the above deposits and checks in collusion with B, and the Defendant is presumed to be the beneficiary of bad faith. Accordingly, the Plaintiff, as a general creditor of B and the Defendant, was unable to refund KRW 315,000,000,000,000 deposited money in the Defendant’s account deposit account No.

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