사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Disposition of the judgment of the court of first instance is subject to Paragraph (1).
1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is the same as the ground of the judgment of the court of first instance excluding the part that was deleted or used as a result of the following paragraph (2).
2. Any part that is deleted or changed;
A. The second part of the judgment of the court of first instance shall be deleted from “C” to “Plaintiff” as described in the first part of the judgment of the court of first instance 16.
B. The Defendant asserts that “The Defendant has acted in good faith” as stated in Section 9 of the first instance judgment. (c) The Defendant asserted that “The Defendant was acting in good faith” in Section 2 of the fifth instance judgment.
The following shall apply: “A debtor in excess of his/her obligation to provide his/her own real estate to any one of the creditors as a bond security”, barring special circumstances, constitutes a fraudulent act in relation to the other creditors.
However, for a debtor's act of disposal of property to constitute a fraudulent act, the debtor's act is to reduce the whole property so that the debtor's joint security of claims may be caused or deepened. Thus, if the debtor purchases real estate from a third party by borrowing funds from a third party, provides such real estate as a security for the borrowed loan obligation, or the debtor purchases real estate from a third party and pays the registration of ownership transfer before paying the purchase price, and it cannot be deemed that the existing creditors' joint security has decreased, such as where the debtor
Furthermore, even if the above act of purchasing real estate and the act of offering collateral have been conducted in order within a short time, barring special circumstances, there is an increase or decrease in the existing creditors' joint security through a series of acts before and after a series of acts.