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(영문) 서울고등법원(인천) 2020.01.10 2019나11041
배당이의
Text

1. Of the judgment of the first instance, the part concerning Defendant C, D, and E shall be modified as follows:

Incheon District Court G.

Reasons

1. The scope of the judgment of the court of first instance, within the scope of the judgment, dismissed the Plaintiff’s claim against Co-Defendant B (hereinafter “Co-Defendant of the court of first instance”) and the claim against the Defendant F against the Defendant Co-Defendant B, Ltd. was accepted. Each claim against the Defendant C, etc. was partially accepted, and the remainder was dismissed.

As to this, the part against the plaintiff (the part against defendant C, etc. in the judgment of the court of first instance, excluding the part against co-defendants in the judgment of first instance) among the judgment of first instance, the defendants appealed against each of their lost parts, and thus the part of the claim against co-defendants in the judgment of first instance was separately determined.

Therefore, the scope of this court's adjudication is limited to the plaintiff's claims against the defendants except the above separately determined parts.

2. The court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance, except where the court adds the plaintiff's remaining grounds for appeal and the judgment of this court on the defendants' grounds for appeal under Paragraph (3), and it is identical with the reasoning of the judgment of the court of first instance (excluding the conclusion part, and the attached Form). Thus, it is acceptable to accept this case as it is in accordance with the main sentence

The testimony between Defendant B (hereinafter “Defendant B”) and Defendant B (hereinafter “Defendant B”) of the first instance trial in the fifth 8th eth eth 8th eth 7th eth eth eth eth est eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e).

(1) From 13 to 15 pages 8 of the first instance judgment

3.(c)

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(d)be engaged in the same part) as follows:

1. As to the ground of reduction in the scope of preferential right to payment of the first mortgage

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