사해행위취소
1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows, with the exception of the part concerning “determination on the portion of the deposit money of another construction corporation” in paragraph (2) of the judgment of the court of first instance as follows, and therefore, it is identical to the reasoning of the judgment of the court of first instance. The part to be accepted by the main sentence of Article 420 of the Civil Procedure Act. 【The plaintiff shall recover from the original return of the claim indicated in the attached list against the construction company of another construction company of another construction of another construction of another construction business as a whole by the defendant to the plaintiff by transferring the claim listed in the attached list
As seen earlier, as seen earlier, another construction company was served with the Defendant’s delivery of the attachment and assignment order and the assignment order of 12 claims other than the Defendant, and deposited the full amount of the construction price related to the above attachment, etc. on the ground that the said attachment was served, and the Defendant submitted a written waiver of
Because, by making a deposit for execution as above, the Defendant’s claim against the construction company in charge of the construction company in charge of the construction company in charge of the construction company in charge has ceased to exist, it would no longer be possible to reinstate the entire claim by the method of transferring the entire claim itself.
In addition, as long as the defendant submitted a written waiver of distribution, it cannot be deemed that he/she has the right to claim the payment of dividend in the above distribution procedure, it cannot be said that the restoration by the method of transferring
Furthermore, restitution by the value compensation is limited to the amount of profit received by the beneficiary within the scope of the preserved claim, and since the defendant, the beneficiary, cannot be deemed to have received the profit due to the claim for full payment or the claim for payment of deposit, it is not possible to reinstate by the value compensation.
Therefore, the plaintiff's claim for this part is without merit.
A person shall be appointed.
2. Conclusion, the first instance judgment is justifiable.
Defendant’s appeal and Plaintiff’s appeal.