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(영문) 서울고등법원 2018.05.17 2014나58063 (1)
사해행위취소
Text

1. The instant lawsuit against the Defendants was concluded on April 15, 2016 by the Plaintiffs’ withdrawal of appeal.

2...

Reasons

1. The following facts are remarkable or obvious in records in this Court:

The judgment of the first instance court of this case was rendered on September 23, 2014, and the attorney of the first instance court of Plaintiff A (Appointed Party) served the above judgment on October 21, 2014, and submitted a petition of appeal on November 4, 2014.

B. The legal representative of Plaintiff A (Appointed) at the trial of the competent court filed an application for modification of the purport of the claim and the cause of the claim in exchange for a claim seeking the registration of transfer of ownership or the implementation of registration procedures for cancellation of the registration of the establishment of a neighboring mortgage on each real estate listed in the attached Table of the judgment of the court of first instance due to the cancellation of the fraudulent act of the same content as stated in the above purport of the claim and the restoration therefrom, on five occasions, including the applicant for modification of the purport of the claim and the grounds of the claim, on November 11, 2015, November 18, 2015, 2015, and January 11, 2016, 2016, the date of February 12, 2016, and February 18, 2016 (the applicant did not make a statement of modification of the purport of the claim and the grounds of the claim, not included in BYA’s application for modification of the purport of the claim as above).

[Judgment of the court below is justified and remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench, as per Disposition by the assent of all participating Justices, as per Disposition by the assent of all participating Justices.

After that, on April 15, 2016, Plaintiff A (Appointed Party)’s legal representative submitted a written withdrawal of part of the appeal to withdraw Plaintiff BA andY’s appeal. On April 15, 2016, Plaintiff BA andY’s legal representative stated it at the date for preparatory pleadings.

On June 23, 2016, the first instance judgment against Plaintiff A (Appointed Party) who did not submit a written withdrawal of appeal was rendered, and Defendant G appealed appealed, but was dismissed on October 27, 2016.

E. As of December 7, 2017, Plaintiff BA submitted an application for designation of each date for pleading as of March 19, 2018, while Plaintiff AY submitted an application for designation of each date for pleading as of March 19, 2018

2. Determination

(a) the effect of the withdrawal of an appeal;

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