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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. Whether the appeal is lawful or not, the plaintiff sought the payment of the claim for reimbursement against the defendant, the co-defendant A Co-Defendant A corporation of the first instance trial, and the defendant D seeking the cancellation of the sales contract and the cancellation of the transfer of ownership (the above fraudulent act against the defendant D and the claim for restitution of ownership) entered into with the defendant (the second claim against the defendant D). The court of first instance won all the case, and the defendant and the defendant appealed against the above judgment of the first instance court, and the defendant and the defendant filed an appeal against the above judgment of the first instance court. The defendant did not dispute the first claim and submitted the purport of appeal that only the second claim is asserted,
If a creditor intends to exercise the right of revocation, he/she shall file a lawsuit against a person who has obtained, or acquired, any benefit from a fraudulent act, claiming the revocation of such juristic act, and the debtor is not the other party to the lawsuit (see, e.g., Supreme Court Decision 91Da13717, Aug. 13, 191). In this case, in a claim for revocation under Article 2, the other party to the lawsuit is Defendant D, the beneficiary of the lawsuit, and the defendant, the debtor,
Nevertheless, the defendant's appeal of this case is unlawful since it is not a judgment (the first claim) on himself, but a judgment (the second claim) on another person, thereby leading to the appeal of this case.
2. If so, the defendant's appeal is dismissed. It is so decided as per Disposition.