사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The reasons for this Court’s acceptance of the judgment of the court of first instance are as follows, given that it is identical to the reasons for the judgment of the court of first instance, except for the portion added as set forth in the following Paragraph 2, this is acceptable as it is by the main text
2. The addition;
A. Before the Defendant’s assertion was filed, G organization filed a lawsuit against the Defendant seeking revocation of the fraudulent act and compensation for equivalent value against the instant sales contract (hereinafter “related lawsuit”), and thus, the instant lawsuit is unlawful as there is no benefit of protection of rights, and even if lawful, the amount of compensation for value should be determined in proportion to the amount of each Plaintiff’s claim in the relevant lawsuit and the instant case.
B. 1) On the other hand, each creditor who satisfies the requirements for the right of revocation is entitled to revoke the debtor's disposal of property as his own right and seek restitution thereof. Thus, where multiple creditors have filed a lawsuit for revocation of a fraudulent act and a lawsuit for restitution at the same time or at different time, these lawsuits do not constitute double lawsuit, and where a creditor has won a lawsuit for revocation of a fraudulent act and a lawsuit for restitution, and the judgment became final and conclusive by winning a favorable judgment regarding the same fraudulent act, the same claim filed thereafter does not bring no benefit to the protection of the other creditors' rights, and only when the recovery of property or value has been completed, the other creditor's claim for revocation of a fraudulent act and restitution shall be deemed to have no benefit to the protection of rights within the same extent (see, e.g., Supreme Court Decisions 2003Da19558, Jul. 11, 2003; 2004Da67806, May 27, 2005).