구상금
1. The part against the plaintiff in the judgment of the first instance (including the part in favor of the plaintiff in the preliminary claim against the defendant E) shall be revoked.
2.(a)
1. In the first instance trial, the Plaintiff filed a claim for the payment of money against the Codefendant A, B, C, D, F, and Defendant E at the first instance trial, and filed a claim for the revocation of the fraudulent act and restitution of the real estate stated in the instant 1 through 5 against the Defendant E and the Defendant Hyundai M&O Korea Co., Ltd. (which was later divided and then transferred to the lawsuit by Hyundai P&O Korea Co., Ltd.) (hereinafter “Defendant Hyundai P&O”), without distinguishing the following:
The court of the first instance accepted the plaintiff's claim for monetary payment.
In addition, with respect to the real estate of this case, the contract of donation between the defendant E and the co-defendant B of the first instance court on the real estate of this case was revoked as a fraudulent act, and the plaintiff dismissed the main claim sought by the plaintiff and accepted the return of the conjunctive claim value
With respect to the real estate of this case, all of the plaintiff's primary and conjunctive claims were dismissed as to the real estate of this case.
In addition, the Plaintiff dismissed the Plaintiff’s claim on the instant 2 to 5 real estate.
In response to this, only the plaintiff appealed, but the appellate court prior to the remand dismissed the plaintiff's appeal.
As the plaintiff appealed, the Supreme Court reversed and remanded the appeal before the remand.
The subject of this Court’s adjudication is limited to ① the primary claim and the conjunctive claim against Defendant E on the part of the claim for restitution due to the cancellation of the fraudulent act with respect to the instant real estate, ② the primary claim for the cancellation of the fraudulent act with respect to the instant real estate and restitution to the original state, and the conjunctive claim for cancellation of the fraudulent act with respect to the instant 2 to 5 real estate and the claim for restitution
2. Reasons for judgments of this court shall be the same as those of the judgment of the first instance; and
(The main sentence of Article 420 of the Civil Procedure Act). However, the Sung Esiopib Co., Ltd. has changed its trade name to Hyundai Esiopia Korea Co., Ltd., and is divided thereafter.