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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 grounds for appeal by the defendant cited in the judgment of the court of first instance are as alleged by the court of first instance. The fact-finding and the judgment of the court of first instance are justifiable, and there is no error as alleged by the defendant as the grounds for appeal, even if the defendant presented evidence Nos. 11-1 through No. 14, which was legitimately adopted and investigated by the court of first instance, to the evidence submitted by the court of first instance.
Therefore, the reasoning for the court’s explanation on the instant case is as follows, except for the addition of the judgment stated in Paragraph 2 below with respect to the Plaintiff’s assertion newly added in the trial room, since the corresponding part of the reasoning of the judgment of the first instance is the same as that of the Defendant. Thus, this court cited it as it is in accordance with the main
(However, the part against Codefendant C of the first instance court, which has been separately determined, is excluded);
A. Even if the Defendant’s assertion that the revocation of the Plaintiff’s fraudulent act was accepted, the amount recognized as a fraudulent act should be distributed among creditors as joint collateral against all creditors, and the Defendant also is a creditor against D, so the distribution schedule should be revised only for the amount divided in proportion to the respective claims of the Plaintiff and the Defendant.
B. Each obligee meeting the requirements for the right to revoke a creditor’s right of revocation is entitled to revoke the debtor’s disposal of his/her own right and seek restitution thereof (see, e.g., Supreme Court Decision 2004Da67806, May 27, 2005). Since revocation of a fraudulent act and restitution to the original state are effective for the benefit of all creditors, the revocation and restitution to the original state is effective for the benefit of all creditors, not for the creditor who has the right to preferential reimbursement of the property restored to the debtor’s exercise of the right of revocation, but for other creditors, the amount of distribution corresponding to his/her claim can be paid out of the total amount of claims. However,