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(영문) 서울고등법원 2014.12.17 2014나2014885
구상금
Text

1. Of the judgment of the first instance court, the part against Defendant E shall be modified as follows:

Real estate listed in the attached Table 2.

Reasons

1. The reasoning for the court's explanation on this part of the basic facts is that the following is added to "A Co., Ltd.", "Defendant Company B", "Defendant B" and "Defendant C" in sequence, "A Co., Ltd.", "Nonindicted Company B", "B", "C" and "C", "No. 5 of the first instance judgment," "No. 21 of the fifth of the first instance judgment" and "No. 12 of the fifth of the first instance judgment" are "No. 12 and 17", "No. 6 of the first instance judgment," and "No. 12" of the first instance judgment is "No. 6 of the first instance judgment," and "No. 1. 8 of the first instance judgment" are written in the first instance court's reasoning, except where "No. 6 of the first instance judgment" is "No. 1. 3 of the first instance court's judgment,

Therefore, it is accepted by the main sentence of Article 420 of the Civil Procedure Act as it is.

【3) The voluntary auction was conducted with the Seoul East Eastern District Court L, Inc., a senior mortgagee for the instant real estate in accordance with the voluntary auction application of the Bank, and on February 24, 2014, the instant real estate was sold to M on February 24, 2014. On the date of open distribution on March 28, 2014, KRW 52,201,277 was distributed to Defendant E, and the Plaintiff, a provisional attachment obligee, did not have been distributed to the Plaintiff.

As to the above 52,201,277 won distributed to Defendant E, the Plaintiff imposed a provisional injunction against the payment of dividends.

A person shall be appointed.

2. Determination as to the claim against Defendant D

A. Although the existence of the right to revoke a fraudulent act requires that, in principle, a claim that may be protected by the right to revoke a fraudulent act has arisen prior to the commission of an act that could be viewed as a fraudulent act, the claim may also become the preserved claim of the right to revoke a fraudulent act in the near future, where there exists a legal relationship that has already been based on which the claim was established at the time of the fraudulent act, and there is high probability as to the establishment of a claim based on such legal relationship in the near future.

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