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(영문) 서울고등법원 2017.01.06 2014나2017006
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

The reasoning of the court's explanation of this case is as follows, except for the dismissal or addition of this case, it is identical to the entry of the third through fifteenth of the judgment of the court of first instance (excluding the part related to the Korean Codefendant and the Korean Asset Trust Codefendant Co., Ltd., Ltd., who have been withdrawn from the court of first instance). Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Defendant KB Real Estate Trust Co., Ltd. (hereinafter “Defendant KB Real Estate Trust”) in Part 7 of the third part of the judgment of the court of first instance is dismissed as Defendant “Defendant”; and thereafter, “Defendant KB Real Estate Trust” is dismissed as Defendant “Defendant”.

The "attached Form 1" after the third week of the judgment of the first instance shall be raised in attached Form 1.

Defendant Korea Asset Trust Co., Ltd. in Part 10 of the decision of the first instance court shall be deemed to be “Korea Asset Trust Co., Ltd. in the first instance trial (hereinafter “Korea Asset Trust”), and thereafter, “Defendant Korea Asset Trust” shall be deemed to be “Korea Asset Trust.”

The "Plaintiff" after the third 12th 12th son of the first instance court decision shall be deemed to be "the Republic of Korea".

Part 5 of the decision of the first instance court shall be understood as "working" in Part 5.

The following shall be added to the 6th sentence of the first instance court:

I. On August 27, 2014, the Seoul Central District Court declared bankrupt (2014Hahap10002) of Drhz’s bankruptcy and the Plaintiff’s drhz’s drhz’s drhz’s drhz’s drhz’s drhz’s drhz’s bankruptcy.

On August 19, 2016, this Court issued an order to continue the proceedings of this case to allow the Plaintiff to take over the status of the former Republic of Korea pursuant to Articles 406 and 347(1) of the Debtor Rehabilitation and Bankruptcy Act and Article 244 of the Civil Procedure Act.

Part 7 of the 9th judgment of the first instance court [based on recognition] shall add "any significant fact to this court".

The first instance court.

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