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(영문) 대구지방법원 2017.11.03 2017나309072
배당이의
Text

1. The part of the preliminary claim added by this court before remanding is dismissed;

2...

Reasons

1. Scope of the judgment of this court;

A. In the first instance court, the Plaintiff filed a claim for rectification of the distribution schedule due to the completion of extinctive prescription on each secured claim of the right to collateral security listed in the attached Table 2 list, and the first instance court dismissed the claim.

B. Accordingly, the Plaintiff appealed and added both the revocation of the fraudulent act and the claim for restitution to the original state before the remanding. The court dismissed the Plaintiff’s appeal against the main claim and accepted all the conjunctive claims.

C. Accordingly, the Defendant appealed on the part against the Defendant, and the part on the claim for revocation of fraudulent act did not state the grounds of appeal in the petition of appeal and the appellate brief, and the Supreme Court reversed the part on the claim for restitution (Correction of the distribution schedule) and remanded that part to this court.

Therefore, the Plaintiff’s primary claim is final and conclusive due to the Plaintiff’s failure to file a final appeal against this court’s judgment prior to remand, and the Defendant’s claim for revocation of fraudulent act among the conjunctive claims was final and conclusive, but this Court’s judgment became final and conclusive prior to remand due to the failure to state the grounds of appeal in the final appeal and the appellate brief. Therefore, the scope of the

2. Basic facts

A. B: (a) from 1988 to 1994, with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) to the Defendant, each of the collateral listed in the separate sheet No. 2 (hereinafter “instant collateral”) was established against the Defendant; (b) on February 26, 1999, the Defendant paid the interest on the instant collateral security (hereinafter “mortgage”) to the Defendant; and (c) on February 26, 199, the Defendant did not pay the principal and interest of the instant claim up to the date.

B. On February 9, 195, the Plaintiff is “the Minister of Trade, Industry and Energy, the Minister of Trade, Industry and Energy, and the insurance period from February 9, 1995 to April 8, 200, and KRW 11 million.”

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