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(영문) 서울고등법원 2019.02.27 2018나2038971
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 defendant's main reason for appeal citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and the evidence submitted in the court of first instance is the fact-finding and judgment of the court of first instance, even if the result of fact-finding on the Seoul Special Metropolitan City Mayor

The reasoning of this court’s judgment is as stated in the reasoning of the judgment of the first instance except for the part on “determination of the Defendant’s assertion” in Article 2(c) of the reasoning of the judgment of the first instance, as stated in the reasoning of the judgment of the first instance, and such part is cited in accordance with the main sentence

2. Judgment on the defendant's assertion

A. As to the assertion that the Defendant’s assertion does not constitute a responsible property, C did not have the ability to mobilization funds at the time of entering into the instant service contract, and the instant service fee claim is not feasible even at the time of the instant transfer contract, and thus, it cannot be included in C’s responsible property. 2) Comprehensively taking account of the following facts and circumstances acknowledged by adding up the following facts and the purport of the testimony and arguments of the first instance court witness H to the court and the Seoul Special Metropolitan City Mayor, as a result of the order to submit each financial transaction information to the first instance court, the first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s second instance

Therefore, the defendant's assertion that this case's service fee claim is not included in C's responsible property is without merit.

① After entering into the instant service contract, C raised funds from the Defendant to carry out the instant service contract, and thereafter recruited members of 133 households.

② During the period from August 2015 to October 2015, C is a member of D Housing Association with C’s name.

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