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(영문) 수원지방법원 2016.09.02 2015나31305
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

purport.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows. The part of the court's explanation about this case from No. 4 of the first instance court to No. 10 of the fifth to No. 5 of the judgment is as follows.

The following are made with respect to the defendant's argument in the trial following the 7th page 12.

In addition to the judgment mentioned in paragraph 7, the part of the 7th page 13 to 9 shall be as follows.

The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and such reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 4, 10 to 5, 14 of the part written by the Defendant’s assertion that there is no interest in the protection of the rights, 1) The summary of the Defendant’s assertion that ① even if the assignment contract for the claim of this case was revoked, and the Defendant deposited KRW 17,018,100, the above amount is distributed to C and Young-gu Tax Office, a senior creditor of the right to the right to the right to the right to the right to the right to the right to the claim of this case,

In addition, even if the assignment contract for the claim of this case is revoked, the plaintiff is not likely to receive dividends unless all of the above assignment contract for the claim of this case is revoked. The lawsuit for revocation of fraudulent act against the above junior junior creditor is dismissed by the lapse of the exclusion period. Ultimately, the plaintiff cannot receive dividends for the claim of this case. Thus, the plaintiff's lawsuit of this case is unlawful since there is no benefit in protecting the rights.

2 The purpose of the creditor's right of revocation is to restore the creditor's joint security by returning the assets deviating from the responsible property due to the debtor's fraudulent act. In the event the creditor has won the lawsuit of revocation by filing a lawsuit of revocation of a fraudulent act, the effect of such revocation shall be extended for the benefit of all creditors in accordance with Article 407 of the Civil Code, and

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