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(영문) 수원고등법원 2020.01.16 2019나13458
사해행위취소
Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The co-defendant B and D in the first instance trial.

Reasons

1. The first instance court, among the plaintiff's claims against the defendant, accepted the plaintiff's fraudulent act cancellation and restitution claim as to real estate stated in the attached Tables 1 and 2, and rendered a judgment dismissing the claim for revocation of the fraudulent act as to real estate stated in the attached Table No. 3.

As the plaintiff appealed without filing an appeal against this, the subject of the judgment of this court is limited to the cancellation of the fraudulent act and the claim for restitution of the real estate stated in the attached Tables 1 and 2 cited as above.

2. The reasoning of the judgment of the court of first instance cited the same part of the reasoning of the judgment of the court of first instance as that of the defendant, except for further or additional deletion as follows, and thus, it is acceptable to accept it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 2 of the second instance judgment of the first instance shall add “(V; hereinafter referred to as “D”)” to “D” next.

Part 3 of the first instance judgment "845,000,000 won" shall be applied to "850,000,000 won".

Each “this Court” in the third instance judgment of the first instance shall be subject to the application of each “Sawon District Court Branch Branch Branch” in the first instance judgment of 16, 20, 4, 7, 10, 11, and 9.

Part 5 of the judgment of the first instance court "A No. 1 through 6" shall be written by "A. 1 through 7, and 12".

No. 6 of the judgment of the first instance court shall be registered by re-registration of "registration of provisional seizure".

Part VI of the first instance judgment "the defendant's argument" through 5 shall be brought in the following manner:

In addition to the purport of the entire argument in the statement Nos. 7 and 9, the cancellation of each of the above registrations is due to the fact that D promised that D would repay the Plaintiff’s claim when it cancels each of the above registrations to the Plaintiff. It is recognized that D did not inform or seek understanding of the fact at the time of selling each of the above real estate to B, and that the Plaintiff was unaware of such sale."

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