배당이의
1. The plaintiff's appeal is 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.
1. Basic facts and
2. The grounds for this part of the parties’ assertion are the same as the relevant part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Determination
A. Even if an assignment order against an attached monetary claim was legally issued and confirmed in the course of the procedure, an assignment order is null and void unless an assignment order is issued to a third party obligor when the assignment order is served on the third party obligor. Therefore, the effect of transferring the seized claim to all creditors or extinguishing the execution claim upon repayment cannot occur.
(2) In a case where a creditor is subject to the revocation of a fraudulent act that is ordered by the beneficiary or the subsequent purchaser on September 22, 1981 (see, e.g., Supreme Court Decisions 80Nu484, Jan. 5, 2004; 2003Ma1667, Jan. 5, 204). Meanwhile, in a case where the creditor is subject to the revocation of a fraudulent act that is ordered by the beneficiary or the subsequent purchaser on the revocation of the fraudulent act, the effect of the revocation is limited to that between the creditor and the beneficiary or the subsequent purchaser, and thus, the beneficiary or the subsequent purchaser is merely liable for restitution due to the revocation of the fraudulent act, and the legal relationship
(see, e.g., Supreme Court Decisions 99Da9011, May 29, 2001; 2004Da23110, Aug. 24, 2006). In addition, in cases where the assignment of claims to a beneficiary against a beneficiary is revoked by a fraudulent act, and where the beneficiary has not yet collected such claims from a third debtor, the creditor may request the third debtor to notify that the assignment of claims has been revoked by the beneficiary as a recovery from the revocation of the fraudulent act.
However, the revocation of fraudulent act is limited to the invalidation of the legal act between the debtor and the beneficiary in comparison with the relationship between the creditor and the beneficiary, and it does not affect the legal relationship between the debtor and the beneficiary.
Therefore, the debtor.