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(영문) 서울고등법원 2015.09.25 2013나2022001

사해행위취소

Text

1. All appeals against plaintiffs A, B, and C by defendant I Co., Ltd. shall be dismissed.

2.In exchange for the purpose of exchange at the trial.

Reasons

1. The reasoning for the court’s explanation as to this part of the underlying facts is as follows: (a) except for the alteration of the Plaintiff, Han Han-sung Co., Ltd. (hereinafter “Plaintiff Han-chul”) into the “Plaintiff, Han-chul”) No. 8 of the judgment of the court of first instance,” and (b) the 15 of the 9th page “No. 3.1 of August 31, 2012” into “No. 31, 2012.”, this part of the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance, and thus, it is cited under the main sentence of Article 420 of the Civil Procedure

2. The creditor's right to revoke the creditor's fraudulent act in relation to the legitimacy of defendant I's appeal is not absolute revocation, but relatively revoked in relation to the relation against the beneficiary in bad faith or the subsequent purchaser in bad faith, so this right to revoke is limited to against the beneficiary in bad faith or the subsequent purchaser in bad faith, and cannot be exercised against the debtor.

(See Supreme Court Decision 67Da1839 delivered on December 26, 1967). Therefore, only a beneficiary or subsequent purchaser may become a defendant in a lawsuit seeking revocation of a fraudulent act.

With respect to this case, the judgment of the court of first instance was rendered in favor of all plaintiffs A, B, and C as the primary claim against the defendant F, G, and H. The judgment of the court of first instance is merely against the defendant F, G, and H, and the defendant I is not subject to such judgment.

Therefore, Defendant I's appeal is unlawful because it does not have any object of appeal.

3. The reasons why this court should explain about the legitimacy of the Plaintiff E’s lawsuit are as follows: (a) the “paragraph 1-b. of the claim” of the 12th judgment of the court of first instance as the “paragraph 1-b. of the claim”; and (b) the “paragraph 2 of the claim” of the 21th judgment as the “paragraph 1-b. of the claim”; and (c) the “paragraph 2 of the claim” as the “paragraph 2” of the judgment of the court of first instance as the reasons for the judgment of the court of first instance

4. Determination on Plaintiff D’s claim

A. Defendant.