logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.30 2018나18473
구상금
Text

1. The plaintiff's primary claim added by this court is dismissed.

2. Of the judgment of the court of first instance, the part against the defendant is examined.

Reasons

1. Facts of recognition;

A. The reasoning for this part is that the court’s reasoning is as stated in Paragraph (1) of Article 420 of the Civil Procedure Act, except for the following reasons: “The loan to financial institutions was in arrears from October 27, 2016 to October 27, 2016; and the part of “in excess of the obligation” under Section 13 of Section 3 of the judgment of the court of first instance is deleted; “No dispute exists” under Sections 16 and 17 of the judgment of the court of first instance; “No dispute exists; Gap’s entries in subparagraphs 1 through 7 and 9; and the purport of the whole pleadings” under the main sentence of Article 420 of the Civil Procedure Act.

2. As seen earlier by Co-Defendant B of the first instance trial on the Plaintiff’s assertion, selling the instant building to the Defendant under the circumstance that the future liability for reimbursement was incurred, was predicted in advance between the Plaintiff and the Plaintiff that the liability for reimbursement would be incurred due to a guarantee accident in the near future in the situation where the legal relationship on the liability for reimbursement was established, and thus, for the purpose of avoiding this, the sales contract for the instant building should be revoked, and the Defendant primarily pays the amount of the claim for reimbursement and the damages for delay thereof to the Plaintiff with the value compensation. In addition, the Defendant ought to implement the procedure for the cancellation of ownership transfer registration as to the instant building due to the refund of the original property to Co-

3. The claim protected by the obligee’s right of revocation needs to be, in principle, arising prior to the commission of an act that can be viewed as a fraudulent act. However, there is a high probability that at the time of the fraudulent act, there has already been a legal relationship that serves as the basis of the establishment of the claim, and that the claim should be established in the near future in the near future, and in a case where the claim has been created by the realization of the probability in the near future, the claim may also be the preserved claim of the obligee’

arrow