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(영문) 대구지방법원 2017.04.05 2016나302999
배당이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the pertinent part is modified or added as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. The fourth page 14 of the first instance judgment is written in that it is “no,” and “no,” respectively.

B. On September 29, 2011, Article 15 of the text of the judgment of the court of first instance, the purport of the claim by asserting that the creditor’s fraudulent act was the cause of the claim in the complaint, briefs, etc. without seeking revocation of the fraudulent act by lawsuit against the creditor is not sufficient to deem that a lawsuit seeking revocation of the fraudulent act is a legitimate lawsuit. Therefore, the foregoing provision is added to “see, e.g., Supreme Court Decision 2010Da95505, Sept. 29, 201.”

3. Thus, the part of the plaintiff's claim to cancel the contract establishing a mortgage concerning the real estate of this case is unlawful, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is justified in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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