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(영문) 서울고등법원 2018.02.09 2016나2016564
사해행위취소
Text

1. The judgment of the court of first instance is modified as follows.

C and the defendant, the attached Form signed on June 9, 201, between C and the defendant

1. The description;

Reasons

1. The plaintiff within the scope of the trial shall be attached to the first instance court.

1. A contract for donation with respect to one-half share of the registered real estate and the attached Form;

2. In regard to each gift contract listed in paragraphs 1 through 33 of the list of donations, a lawsuit for the cancellation of a fraudulent act and the claim for restitution was filed, and the court of the first instance among them;

2. Each part of each gift contract stated in paragraphs 15 through 20, and 22 of the list of donations (hereinafter “additional part”) was dismissed, and the attached Form attached thereto

1. A contract for donation with respect to one-half share of the registered real estate and the attached Form;

2. The gift list Nos. 5 to 11 was cited, and the remainder was dismissed.

As to the judgment of the first instance, the plaintiff appealed only to the above additional parts, and the defendant appealed against the defendant among the judgment of the first instance.

2. Since the parts of the list of donations Nos. 1 through 4, 12 through 14, 21, 23 through 33 are determined as they are, the objects to be tried by this court are as they are, the above attached Form

1. A contract for donation with respect to one-half share of the registered real estate and the attached Form;

2. It is limited to each gift contract set forth in paragraphs 5 to 11, 15 to 20, and 22 of the list of donations.

2. The reasons why the court should explain this part of the facts of recognition are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, in addition to the following changes, this part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

8-9 of the first instance judgment on the 4th 8-9th 7th 9th 1st 1st 2017, “Plaintiff and C appealed against the above judgment and pending in the appellate trial (Seoul High Court 2015Na2049116)” was changed to read “Plaintiff and C appealed appealed against the above judgment, but the appellate court (Seoul High Court 2015Na204916) declared the dismissal of C’s appeal on September 14, 2017, and C’s appeal is pending in the final appeal (Supreme Court 2017Da276488).”

A. The Plaintiff’s summary of the Defendant’s assertion 1 is to revoke the Defendant’s fraudulent act as to the additional part by modifying the purport of the claim and the cause of the claim as of December 8, 2014.

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