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(영문) 수원지방법원 2015.05.13 2014나41893
사해행위취소
Text

1. The plaintiff's appeal shall be dismissed.

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

Purport of claim and appeal

1..

Reasons

1. We examine the legitimacy of the appeal of this case ex officio.

An appeal may be filed only against a judgment unfavorable to himself/herself. Whether a judgment unfavorable to an appellant shall be determined at the time of the filing of the appeal on the basis of the main text of the judgment. Thus, in principle, an appeal against the judgment in the entire winning case is unlawful as there is no benefit therefrom. In particular, an appeal against the Plaintiff who won the entire winning case is not allowed unless there are special circumstances (see, e.g., Supreme Court Decisions 73Da565, Sept. 25, 1973; 79Da1299, Aug. 28, 1979; 83Da515, Oct. 25, 1983; 94Da21207, Nov. 4, 1994; 98Da29797, Dec. 21, 199; 2007Da1375, Jul. 23, 207). 207.

2. If so, the plaintiff's appeal is unlawful and thus, it is so decided as per Disposition.

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