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(영문) 대전고등법원 2016.01.21 2015나11333

사해행위취소

Text

1.The judgment of the first instance shall be modified as follows:

With respect to the real estate indicated in the attached list between the defendant and B.

Reasons

(2) In light of the aforementioned legal principles, the lower court determined that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact that the Plaintiff 1 was aware of the fact

** The first instance judgment determined that the sum total of the secured debt amount of the above collateral security was the active property B, but the sum total of the secured debt amount of the above collateral security exceeds KRW 1,160,545,140,000,000, in aggregate of the market value of the above secured debt amount of the above collateral security (attached Table 1) 1 or 5, and thus, the active property of B should be deemed to be KRW 493,60,000,000, which remains after deducting the secured debt amount of the above land within the scope not exceeding the market value of the above land.

14. R. R. R. 2,010 square meters 48,00,000 square meters 1,494,600,000* [Attachment 1] P. P. P. P. P. P. B’s active property is 493,600,000 won calculated by deducting the amount of the above collateral security obligation (the total market value of 1,494,600,000,000, which is the amount of the above collateral security obligation within the scope of the market value of the real estate owned by the obligor’s general collateral security from the sum of the real estate owned by the obligor’s collateral security obligation (the aggregate of the market value of 1,494,600,000 square meters 1,0000 square meters 2,0000 square meters 1,0000,0000,0000. However, if the obligor’s property owned by other creditors is offered as physical collateral, the remaining amount of the obligor’s property provided as collateral should not be evaluated as 210161.