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(영문) 서울고등법원 2016.08.19 2015나2041914
사해행위취소
Text

1. The plaintiff's appeal and the selective claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows, and the court’s determination of the selective claims added in the court of first instance is as stated in the reasoning of the decision of the court of first instance, except as stated in Section 2 below. As such, this court’s determination is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The real estate in this case shall be revised to "K land" at the 3rd 12th 12th 2th 3th 15th 5th 5th 5th 5th 5th 5th

At the bottom of the three pages of the judgment of the first instance court, the "Evidences 2 through 8 of the A" shall be amended to "Evidences 1 through 8 of the A".

The "242,964,021 won" shall be amended to "242,964,020 won" at the fourth and fourth level of the judgment of the first instance.

The "L, etc." at the bottom of the five pages of the judgment of the first instance shall be amended to "L, etc.".

The "500 million won" shall be amended to "500 million won" at the bottom of 7th judgment of the court of first instance.

In the 8th sentence of the first instance court, approximately 5 years’ “3 years and 7 months” were amended to “3 years and 7 months (one year and 7 months from the date of donation to Defendant B, C, and D of the instant real estate).”

The 8th two pages of the first instance judgment shall be amended to "the plaintiff's "the Jung-gu Seoul Metropolitan Government Office".

2. Determination as to the selective claims added in the trial

A. The gist of the Plaintiff’s assertion is as follows: (a) since around July 2007, F has deteriorated dementia symptoms and there was no intent and ability to discern things at the time of the gift act in this case; (b) each gift agreement entered into between F and the Defendants is null and void as a juristic act by a person without mental capacity; and (c) each transfer registration in the name of the Defendants with respect to the instant

Therefore, the Plaintiff seeks to implement the registration procedure for cancellation of the above transfer of ownership in subrogation of F, who is insolvent, with the claim for local income tax of this case as the preserved right.

B. According to the evidence Nos. 2, 3, and 4 of the judgment, F is the following day, upon the increase of memory on July 18, 2007, the Korea Forest University Medical Center, Korea Medical Center, and Korea Medical Center.

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