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(영문) 서울고등법원 2015.05.22 2014나24749
사해행위취소 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: “this case’s revocation of fraudulent act” under the fourth 1st sentence of the judgment of the court of the first instance shall be dismissed as “instant revocation litigation”; “each inquiry result of January 27, 2014” under the fourth 4th sentence of the judgment of the court of the first instance shall be read as “each inquiry result of July 26, 2013 and the inquiry result of January 27, 2014”; “380,853,298 won” under the fifth 3rd sentence of the judgment of the court of the first instance shall be read as “390,853,298 won” under the main sentence of the judgment of the court of the second 4th 5th 205, “30,980 won under the judgment of the court of the first 390,853,298 won under the second 5th 5th 4th 5th 7,298,3060,39.

2. The part added to the plaintiff is to secure the obligation of the non-party D to the defendant, and since there is no obligation or obligation between the non-party C and the non-party D, each of the above registrations is null and void against the subsidiary nature of the security right. Thus, in calculating the joint collateral part of the real estate of this case for the general creditors, the right to preferential reimbursement should not be acknowledged for the claims secured by the above provisional registration. Furthermore, in the case of the above provisional registration, since the provisional registration does not aim to secure the loan deposit claim, the provisional registration does not have a preferential right to preferential reimbursement for the above claims secured by the provisional registration. Thus, since the Act on the Security of Provisional Registration, etc. does not apply to the above provisional registration, there is no right to preferential reimbursement for the claims secured by the provisional registration. Accordingly, the remaining part

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