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(영문) 서울중앙지방법원 2019.05.01 2018나61989
사해행위취소 등
Text

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 reasoning of the judgment of this court citing the judgment of the court of first instance is that of the judgment of the court of first instance, except for adding the following judgments, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article

2. Additional determination

A. The Defendant’s assertion that, upon the Plaintiff’s motion by AH, the Defendant asserted that the Plaintiff is not entitled to claim compensation for value against the Defendant, since the Seoul Central District Court 2019TTTT3840 issued a claim attachment and assignment order as to the claim amounting to KRW 82,00,000 among the claim amount for restitution of the Plaintiff’s fraudulent act against the Defendant upon the Plaintiff’s claim for revocation of the fraudulent act, the Plaintiff is no longer entitled to claim compensation

B. The effect of the transfer of the entire claim under the judgment assignment order is subject to the confirmation of the assignment order.

Therefore, there is no evidence to acknowledge that the above assignment order became final and conclusive, and instead, the fact that the plaintiff raised an objection against the above attachment and assignment order within seven days from the date on which the plaintiff was served with the delivery of the attachment and assignment order is obvious in this court.

Therefore, the defendant's assertion does not obstruct the plaintiff's revocation of fraudulent act and the plaintiff's claim for restitution.

Therefore, the defendant's above assertion is without merit.

3. According to the conclusion, the first instance judgment is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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