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(영문) 부산고등법원 2018.06.14 2017나57670
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the part against the defendant among the reasons of the judgment of the court of first instance, except for the cases of dismissal or addition as set forth in the main sentence of Article 420 of the Civil Procedure Act.

2. The part used or added “Defendant B” shall be read as “Codefendant B of the first instance trial,” and “Defendant C” shall be read as “Defendant” collectively.

8. At the 10th parallels, 11th parallels shall be followed as follows:

(1) The market price of the first real estate at the time of conclusion of a sales contract is KRW 546,00,000, and there was no particular property other than the first real estate to Codefendant B of the first instance trial.

The defendant asserts that the co-defendant B of the first instance trial owned the site of "3197m2" in the Northern-gu, Ulsan-gu, Ulsan-gu.

According to the evidence No. 13, the above site is stated in the content of the real estate registration record of Co-Defendant B of the first instance trial. However, according to the evidence No. 13-1, the above site can be known to fall under the land for the purpose of site ownership of the owners of N apartment classified in Ulsan Northern-gu M, Ulsan-gu, and thus, it is difficult to view that Co-Defendant B of the first instance trial owned it.

On the 16th 6th 7th 6th 7th , “each market price as of the closing date of pleadings shall be presumed to be the same.”

As of the date of the closing of argument, each market price as of the date of the closing of argument is presumed to be equal, and the statement of Eul 16-2-3 alone is insufficient to reverse it.

16. The following shall be added to the end of the 16th page:

In this regard, the defendant asserts that since the amount of the plaintiff's preserved claim at the time of the conclusion of the sales contract of the real estate No. 1 of this case was not determined at the time of the fraudulent act, the amount of the plaintiff's claim entitled to exercise the

However, as seen earlier, the creditor who exercises the creditor's right of revocation was incurred from the amount of preserved claims until the time of closing argument in fact-finding proceedings.

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