배당이의
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. In the first instance court’s trial scope, the Plaintiff filed the instant claim seeking correction of the distribution schedule, and the Defendant filed a counterclaim seeking revocation of the fraudulent act, and the Plaintiff added the preliminary claim seeking revocation of the fraudulent act.
However, the court of the first instance dismissed the main claim and the counterclaim respectively, and only the defendant appealed.
First of all, the part against the plaintiff's main claim is excluded from the judgment of this court because the plaintiff did not appeal.
Next, we examine the plaintiff's conjunctive claim and seek a trial on the condition that the defendant's counterclaim claim will be accepted. It has the nature of the defendant's conjunctive counterclaim against the defendant's counterclaim.
Therefore, only the reason that the plaintiff did not file an appeal against the conjunctive claim which is not subject to a trial at the court of first instance, the instant conjunctive claim cannot be subject to a trial at this court. If this court accepted the defendant's appeal and accepted the defendant's counterclaim, it should be determined by making the plaintiff's conjunctive claim subject to a trial at this court.
(See Supreme Court Decision 2006Da19061 Decided June 29, 2006). However, insofar as the appeal is dismissed by rejecting the Defendant’s counterclaim, the Plaintiff’s conjunctive claim with the nature of the conjunctive counterclaim cannot be subject to the adjudication of this Court.
Therefore, the plaintiff's main claim is not judged separately.
2. Basic facts
A. The F and E’s husband E borrow from the Plaintiff around December 2014; ① F borrowed KRW 79,70,000,000 on June 5, 2012; KRW 20,000 on July 6, 2012; KRW 20,000,000 on September 11, 2012; KRW 10,000 on August 5, 2014; and KRW 10,00,000 on August 5, 2014; and KRW 9,70,000,000 on November 5, 2014; ②.