배당이의
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
1. The reasoning for the court’s explanation of the instant case is as stated in the part of the first instance judgment, except for adding the judgment as set forth in paragraph (2) below, as to the argument that the Plaintiff filed in the trial by filing an appeal, and thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiff’s assertion asserts that the mortgage contract of this case is a fraudulent act that reduces G’s liability property, and thus, it should be revoked as it constitutes a fraudulent act. Accordingly, the rectification of the distribution schedule should be made.
B. On the other hand, although the plaintiff alleged that the mortgage contract of this case constitutes a fraudulent act, the creditor can file a lawsuit seeking revocation of the fraudulent act by means of filing a lawsuit with the court, and can not be asserted as a means of attack and defense in the lawsuit (see, e.g., Supreme Court Decision 95Da8393, Jul. 25, 1995). The plaintiff asserted a fraudulent act only by means of attack for revision of the distribution schedule without seeking revocation of the mortgage contract of this case in the purport of this case. Thus, the plaintiff's argument in this part is without merit without merit.
3. As such, the claim of the plaintiff and the designated parties shall be dismissed in its entirety as it is without merit. The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.