사해행위취소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasons why the court of this case is citing the judgment of the court of first instance are as stated in the part concerning the reasons for the judgment of the court of first instance, except for the following additional statements concerning the matters alleged by the Defendants in the court of first instance. Thus, it shall be cited as it is in accordance with the main sentence of
【Additional Determination Matters】 Determination as to Defendant B’s assertion
A. Defendant B, on March 14, 2012, repaid to the Korea Credit Guarantee Fund KRW 37,251,459, and KRW 12,00,000 to the new Credit Card Co., Ltd. on April 3, 2013, and revoked the procedure for compulsory auction on each of the instant real estate. Defendant B, who is a collateral security right, paid KRW 22,00,000 to the Daegu Bank on September 30, 201; KRW 50,000 on November 30, 201; KRW 12,00,000 on June 12, 201; KRW 38,850,50 on July 4, 2012; and the amount of each of the instant real estate deposited in the name of the Daegu Bank on July 4, 2012; thus, Defendant B’s voluntary auction and the amount of each of the instant real estate deposited in the name of each of the instant real estate was revoked.
B. In the event that real estate on which a mortgage was established is transferred to a fraudulent act, such fraudulent act is established only within the extent of the balance obtained by deducting the secured debt amount of the mortgage from the value of the real estate. In the event that a mortgage establishment registration is cancelled by repayment after a fraudulent act, etc., to order the revocation of the fraudulent act and the restoration of the real estate itself would result in a violation of fairness and fairness, and thus, to the extent of the balance obtained by deducting the secured debt amount of the mortgage from the value of the real estate, the fraudulent act is revoked.