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(영문) 부산지방법원 2014.09.26 2013나14214
사해행위취소 등
Text

1. The main claim against Defendant C in the judgment of the court of first instance related to the real estate stated in paragraph 4 of the attached list.

Reasons

1. Objects of adjudication of this Court;

A. As to Defendant B, the Plaintiff requested the cancellation of the mortgage contract, the cancellation of the mortgage establishment registration, and the preliminary fraudulent act, and the cancellation of the mortgage establishment registration. The court of first instance rejected the part of the claim for cancellation of the mortgage establishment registration among the primary claims, and rejected the part of the claim for cancellation of the mortgage establishment registration, and accepted the part of the claim for cancellation of the fraudulent act.

Since only Defendant B appealed against this, the subject of this Court's trial is limited to the claim for revocation of fraudulent act among the conjunctive claims.

B. In relation to each real estate listed in the separate sheet Nos. 2 and 3, the Plaintiff primarily requested cancellation of the establishment registration of a neighboring mortgage, preliminary claim for cancellation of a fraudulent act and restitution to the original state, and the claim for cancellation of a fraudulent act and restitution to the original state around the real estate listed in the separate sheet No. 4, the court of first instance dismissed the main claim among the claims related to each real estate listed in the separate sheet No. 2 and 3, accepted the conjunctive claim, and fully accepted the main claim related to the real estate listed in the separate sheet

With respect to this, the plaintiff appealed only for a part of the main claims related to each real estate listed in the separate sheet Nos. 2 and 3, and the defendant C appealed for the conjunctive claims related to each real estate listed in the separate sheet No. 2 and 4 and the main claims related to each real estate listed in the separate sheet No. 2 and 3. Thus, the part of the plaintiff's appeal among the main claims related to each real estate listed in the separate sheet No. 2 and 2 and 3, the ancillary claims related to each real estate listed in the separate sheet No. 2 and 4, and the main claims related to

2. Facts of recognition;

A. The plaintiff's establishment of the claim against D 1.

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