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(영문) 서울중앙지방법원 2017.12.07 2017나22321
사해행위취소
Text

1. The plaintiff's appeal against the defendant B and all appeals against the defendant D and E are dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) the 6th judgment of the court of first instance cited “1.15, Nov. 15, 201” as “ December 15, 2011”; and (b) this court other than making a supplementary judgment as to the part disputing the Plaintiff, Defendant D, and E as the reason for appeal as follows; and (c) therefore, it is identical to the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Supplementary judgment

A. (1) As to the Plaintiff’s grounds of appeal, Defendant B received KRW 70,00,00 from F on October 29, 2012, in view of the following: (a) the debtor was completed the registration of creation of a large number of neighboring buildings in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant real estate”); (b) the time when F transferred KRW 70,00,000 to Defendant B; (c) about nine months after the date of the registration of ownership transfer of the instant real estate; and (d) it appears that F would have fully borne the purchase price of the instant real estate; and (e) Defendant B would have received KRW 70,00,000 from F on October 29, 2012, and the said donation contract should be revoked as a fraudulent act.

(2) According to the overall purport of the statements and arguments by Gap's evidence Nos. 1, 7, Eul evidence Nos. 1 through 3, and 13 through 17 (including virtual numbers), the sales contract was concluded on December 15, 201 with respect to the real estate of this case as KRW 850,000 (a contract deposit of KRW 50,000 shall be paid up to December 21, 201), and the remainder amount of KRW 80,000 shall be paid up to December 26, 201. At the time of the conclusion of the sales contract, the right to collateral security as to the real estate of this case shall be paid in full on the outstanding payment date, and ② the amount of KRW 50,000,000 and KRW 30,000 shall be paid by the debtor to the National Bank of Korea on December 15, 201, and the debtor shall be paid the remainder amount of KRW 30,500,00.

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