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(영문) 창원지방법원 2018.07.06 2017나55524
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 judgment of the court of first instance is as follows: (a) evidence additionally submitted by this court and insufficient to recognize the existence of a title trust relationship between the defendant and C; (b) the statement in the evidence Nos. 14 through 19; and (c) the witness F of this court’s testimony (it is recognized that the defendant paid F the sum of KRW 8,634,000 from March 2, 2017 to January 8, 2018, but it is also deemed that the person who borrowed the purchase fund of this case is C; (c) the registered titleholder of the instant automobile is C; (d) the transfer of the instant automobile from the defendant to the defendant on February 13, 2017, while the transfer of the instant automobile to the defendant is on the other hand, it is difficult to recognize that F repaid the obligation of C to the defendant on January 16, 2017; and (e) the defendant’s testimony under the name of the witness of the court of first instance and the witness of this case is under the name of CF 4.

2. The judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.

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