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(영문) 광주고등법원 2017.08.16 2016나1594
배당이의
Text

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.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: ① total of KRW 90 million in the 4th 16th 16th eth 16th eth eth eth eth eth eth 7th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e.g. e. e. e. e. e. e. e. e. g. e. e. e. e. e. e. e. e.

2. Parts to be dried;

B. The revocation of a fraudulent act as to the first preliminary assertion can only be claimed by means of filing a lawsuit with the court, but cannot be asserted as an attack and defense against the lawsuit (see, e.g., Supreme Court Decision 95Da4859, 48605, Mar. 13, 1998). In cases where a creditor claims the revocation of a fraudulent act and restitution to the original state pursuant to Article 406(1) of the Civil Act, only the revocation of the fraudulent act may be claimed first, and then only a claim for restitution to the original state may not be filed later (see, e.g., Supreme Court Decision 2001Da14108, Sept. 4, 2001).

With respect to the instant case, a judgment was rendered on the ground that the Plaintiff was a fraudulent act with respect to the legal act which is the cause of the claim seeking restitution.

Inasmuch as there is no evidence to prove that the plaintiff filed a lawsuit seeking revocation, this part of the plaintiff's claim seeking restitution is without merit without further examination.

3. The plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is justified, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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