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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the judgment of the court of first instance is as follows: the court of first instance explicitly asserted the abuse of legal personality by the Defendants, and the court of first instance decided that the Defendants asserted the abuse of legal personality, and its judgment was presented.
Except for the use of the 6th through 10th of the fifth decision of the court of first instance as follows, it is identical to the statement of the reasons for the decision of the court of first instance. Thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.
[Defendant asserted that the non-party company only has the external form of a legal entity and is merely an entity E, and the real estate of this case should be deemed as the property of the non-party company in accordance with the legal principle of abuse of legal personality and that the defendants' preferential right to payment should be recognized in the discretionary auction procedure. However, each statement in the evidence Nos. 3 through 8 is difficult to deem that the non-party company is merely an individual E in the hinterland of the legal entity or used as a means to avoid applying the law to E, and there is no other evidence to acknowledge it. Further, the legal principle of abuse of legal personality also aims to ask an individual who is behind the legal entity in accordance with the principle of good faith, even if the relationship between the non-party company and E satisfies the requirements for abuse of legal personality, the defendants can not receive wages and retirement allowances claims against the non-party company in preference to the plaintiff who is the right to payment in the discretionary auction procedure. Thus, the defendants' assertion in this part is without merit.]
2. If so, the plaintiff's claim against the defendants is justified, and the judgment of the court of first instance is just in conclusion, and all appeals by the defendants are appealed.