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(영문) 서울고등법원 2017.03.17 2016나208299

사해행위취소 등(기)

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The judgment of the court of first instance which rejected the plaintiff's assertion even if the evidence and the result of pleading submitted by the court of first instance cited in the judgment of the court of first instance were examined, is justified.

Therefore, the reasoning for this court's judgment is as stated in the reasoning of the judgment of the first instance except for adding the following contents to 6 pages 9 of the judgment of the first instance. Thus, it shall be accepted by the main sentence of Article 420 of the Civil Procedure Act.

Article 566 of the Debtor Rehabilitation and Bankruptcy Act (amended by Act No. 566 of the Debtor Rehabilitation and Bankruptcy Act) provides that “The obligee’s right of revocation shall be entitled to exercise the obligee’s right of revocation against the obligor, as a system to preserve the obligor’s property. If the obligor F is granted a decision of revocation in the bankruptcy proceeding, the obligee’s right of revocation with the obligor’s bankruptcy claim shall not be allowed unless the obligor F is subject to an exception to the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act. The Plaintiff’s claim against F, which the Plaintiff acquired, was recorded in the obligee’s list at the time when the F is granted a decision of immunity. Meanwhile, the evidence presented by the Plaintiff alone cannot be deemed as an exception to the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and there is no other evidence to acknowledge this. Therefore, the obligee’s right of revocation against F, which the Plaintiff acquired, cannot be accepted.”

2. Accordingly, the Plaintiff’s appeal is dismissed as it is without merit.

(I) The plaintiff's application for resumption of argument shall not be accepted as it is without merit.