(영문) 서울고등법원 2015.12.04 2015나2023206

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(영문) 서울고등법원 2015.12.04 2015나2023206

사해행위취소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The scope of the appellate court’s judgment: (a) the Plaintiffs, as a revocation of a fraudulent act, sought an amount of KRW 216,740,330 on March 30, 2012 against the Defendant E; (b) the revocation of the act of paying money of KRW 795,765,495 on March 13, 2012 against the Defendant E; and (c) the revocation of the act of paying money of KRW 216,740,330 on March 30, 2012 against the Defendant E; and (d) the revocation and restitution of the act of restoring money of KRW 216,740,330 on March 30, 2012 against the Defendant E; and (e) the revocation of the act of paying money of KRW 795,765,495 on March 13, 2012 and only the Defendant appealed against the judgment of the first instance court.

2. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except in the following cases or in addition, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The appeal of E against the judgment of the court of first instance was dismissed during the period from 19 to 20th of the judgment of the court of first instance, and the appeal of E against the judgment of the above appellate court became final and conclusive at that time.

Of the 15th sentence of the first instance judgment, "the judgment is being pending in the final appeal after being sentenced," which is sentenced and finalized, and the 4th sentence to 21th sentence of the first instance judgment is restored to the original state.

(a) Each obligee meeting the requirements for obligee’s right of revocation 1 is entitled to revoke the obligor’s act of disposal of his own right and seek restitution. Accordingly, in case where multiple creditors have filed a lawsuit of revocation of a fraudulent act and a claim for restitution and a lawsuit of restitution are pending in several lawsuits, a judgment ordering revocation of a fraudulent act and restitution shall be rendered at the obligee’s request in each lawsuit, and the beneficiary shall

참조조문

-민사소송법 제420조

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