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(영문) 대전지방법원 2016.06.17 2015나106392
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the judgment of the court of first instance as follows. Thus, this is accepted by the main text of Article 420 of the Civil Procedure Act.

[Supplementary Use] Part 2 of Part 18 "1,087234,543 won" is "1,087,234,543 won", "D" in Part 3 is "B", and "F" in Part 4 10 is "B".

Part 4, Chapters 12 through 6, are as follows:

1) Whether a joint and several sureties had the intent of doing harm at the time of the sale of real estate shall be determined by the fact that the joint and several sureties knew that his own property status would be insufficient to secure joint and several liability to the creditor. Only if the joint and several sureties knew that the property status of the principal debtor would be insufficient to secure the debtor's obligation, it is not possible to recognize his intention of doing harm (see Supreme Court Decision 2010Da12067, Jun. 10, 2010). The plaintiff has the right to indemnity against B, and the fact that B had been in excess of the obligation at the time of the promise for the sale of real estate as seen above. Thus, the act of entering into the instant promise for the sale of the real estate between B and the defendant with respect to the real estate in excess of the obligation, and completed provisional registration up to provisional registration pursuant thereto constitutes a fraudulent act that causes harm to the plaintiff, which is the creditor of the debtor, and the defendant's intent to purchase and sell the real estate in accordance with the provisional registration of G in this case.

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