사해행위취소
1.The judgment of the first instance shall be modified as follows:
The defendant and C are listed in the attached list of real estate.
1. The reasons for the court's explanation of this case are as follows: "Real Estate No. 1 of this case" is dismissed as "real estate of this case" and the part used for the following repair is the same as the corresponding part of the reasons for the judgment of the court of first instance except for the part used for the second repair. Thus, it shall be accepted in accordance with the main sentence of Article 420 of the
【The part of the decision of the court of first instance is to examine the scope of compensation for value, and the Plaintiff’s amount of the preserved claim is to be KRW 10,000,000 and damages for delay from September 1, 2012 to the date of the closing of the argument in this case. According to the market price appraisal by the appraiser P, the market price of the real estate in this case as of April 15, 2015, can be recognized as 126,720,000, which is close to the date of the closing of argument in the court of first instance, and the market price of the real estate in this case at the time of the closing of argument in the court of first instance is also presumed to be the same.
Meanwhile, according to the fact-finding conducted by the court of the first instance on the Korea Forest Agricultural Cooperative, it is true that the amount of the secured obligation of Korea Forest Agricultural Cooperative concerning the right to collateral security is 25,258,581. Thus, the joint collateral value of the instant real estate is 101,461,419 won (=126,720,000 - 25,258,581 won) which deducts the secured obligation of Korea Forest Agricultural Cooperative from its market value.
Therefore, the Plaintiff may cancel the instant sales contract within the limit of KRW 101,461,419, which is the joint collateral value of the instant real estate, and seek compensation for its value.
Da. The plaintiff is obligated to pay to the plaintiff 101,461,419 won and the amount at the rate of 5% per annum from the day after the day when the judgment of this case became final and conclusive to the day of complete payment. The plaintiff is obligated to pay to the plaintiff 101,461,419 won and the amount at the rate of 10% per annum as stipulated in the Civil Act from the day after the day when the judgment of this case is final and conclusive to the day of full payment.
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2. If so, the plaintiff's claim of this case is justified within the above scope of recognition.