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(영문) 인천지방법원 2016.12.23 2015나52190
배당이의
Text

1.The judgment of the first instance shall be modified as follows:

With respect to the real estate indicated in the attached list between the defendant and B.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the part of the judgment of the first instance except for adding the following judgments to the five and six pages 6 of the judgment of the first instance. Thus, the reasoning of the court's explanation concerning this case is as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

(c) In cases where a lawsuit of demurrer against a distribution is filed as a lawsuit of revocation of a fraudulent act and restoration to original state, the court shall revoke the fraudulent act only to the extent that the creditor's claims have not been satisfied, and only to the extent that the creditor's claims have not been satisfied, and correct the amount of the beneficiary's dividends as the

(See Supreme Court Decision 2003Da6200 Decided January 27, 2004). Accordingly, the lease contract of this case should be revoked within the scope of KRW 7,956,036, which the plaintiff raised an objection to the amount of the defendant's dividends. Accordingly, the amount of KRW 19,00,000 among the above distribution schedule shall be restored to KRW 11,043,964, and KRW 97,472,505 won against the plaintiff shall be corrected to KRW 105,428,541, respectively.

3. In conclusion, the plaintiff's claim of this case is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is partially accepted and the judgment of the court of first instance is modified as above, it is so decided as per Disposition.

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