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(영문) 부산고등법원 2016.10.19 2015나53902
배당이의
Text

1. The plaintiff's appeal against the defendants and the defendant A's appeal are all dismissed.

2. The costs of appeal shall be borne by each person.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as to Defendant A’s assertion as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[The plaintiff and the defendant A and their assistants repeat the same arguments in the first instance court, and even if they look at the newly submitted statements in Gap evidence 21 through 23 and Eul evidence 15 through 34 (including each number), the first instance court's decision is justifiable] [Additional judgment part] [the defendant Gap's transfer of the investment bond claim in this case to the Malolololololololologram is due to an expression of intention, not substantial, and it was known or known at the time, so the above assignment of the claim is null and void. Even though it is not so, since the assignment of the claim was lawfully rescinded, since the assignment contract between the Maloloferferer and the Malololoza concerning the investment bond in this case was lawfully rescinded, it is argued that the defendant still has the status as the creditor in relation to the investment bond in this case, and there is no evidence to acknowledge that the above defendant's transfer of the investment bond in this case to the Malolololofer, and there is no other evidence to acknowledge it as the defendant's transfer of the investment bond in this case.

2. As such, the part of the Plaintiff’s lawsuit against Defendant B and the lawsuit against Defendant A as a person entitled to provisional registration for security is unlawful and thus dismissed, respectively, and the part against Defendant A.

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