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(영문) 서울고등법원 2018.12.13 2017나2022245
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The supplementary intervenor’s Intervenor’s participation in the costs of appeal.

Reasons

1. The reasoning of the judgment of the court of first instance (such as law, precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, determination of issues, etc.) is sufficiently reasonable as a result of determining issues in accordance with the appellate court’s methods and principles, laws, precedents, legal principles and rules of evidence based on the litigation materials and arguments submitted to the appellate court citing the court of first instance.

The reasoning of the lower court regarding the instant case is as follows: (a) the Defendant litigant and the Defendant’s Intervenor (hereinafter “Defendant litigant, etc.”) are deemed to have indicated the reasoning of the first instance judgment, except for further determination as to the matters alleged as the grounds for appeal by the Defendant litigant and the Defendant’s Intervenor (hereinafter “Defendant Appellant, etc.”) as stated in the main sentence of Article 420 of the Civil Procedure Act. As such, the reasoning of the lower court

2. (a) Part which is closed or deleted, (a) Part 4, Section 10, Section 4, Section 10, Section 4, Section 4, Section 10, and Section 10, Section 11, Section 10, Section 10 and Section 11, Section 4, of the first instance judgment (hereinafter referred to as “B”) shall all be used as “B”, and

(b) Part 4 of the first instance judgment, Part 16 "D Co., Ltd." and "D," respectively, shall be used as "D Co., Ltd." and "D," and the same behavior (hereinafter referred to as "D") shall be deleted.

(c) No. 4 of the first instance judgment, the “S corporation” and “S” generated from the “S corporation” and “S” respectively, shall be adjusted to “SBA”.

The same behavior (hereinafter referred to as "S") shall be deleted.

(d) Part 8 of the judgment of the court of first instance, "A No. 1, 4, 14 (including household numbers)" was added to "A. 1, 4 (including household numbers), and 14".

(e) If the first instance court’s judgment 14 pages 4 through 15 pages 6 is deleted, it shall be deleted.

3. Additional determination on the grounds for appeal

A. The defendant litigant is the trustee with respect to each of the real estate of this case, and the plaintiff litigant can exercise the right to claim reimbursement of expenses and the right to self-help sale according to the modified trust contract of this case, and the defendant litigant is the plaintiff litigant.

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