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(영문) 대법원 2018.11.29 2017다228199
배당이의
Text

The appeal is dismissed.

The costs of appeal shall be assessed against the plaintiff (Appointed Party) and the appointed party E.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the period of exclusion expired for the lawsuit on the revocation of the fraudulent act in this case and the claim for restitution.

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the exclusion period of a fraudulent act revocation lawsuit, by misunderstanding of facts beyond the bounds of the free evaluation

The Supreme Court precedents cited in the grounds of appeal are inappropriate to be invoked in the instant case, since they differ from the instant case.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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