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(영문) 서울고등법원 2015.10.23 2015나2008061

사해행위취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff was rendered a favorable judgment on May 30, 2012 in favor of the Plaintiff who filed a loan claim suit with the Jeonju District Court No. 2011 Gohap5690 against the Plaintiff, which ordered the payment of KRW 300,000,000 and the delay damages.

On the other hand, Laria appealed by the Gwangju High Court (Seoul High Court) 2012Na1646, but the judgment dismissing the appeal was rendered on March 21, 2013 and became final and conclusive on April 9, 2013.

B. On May 15, 2013, the trust and registration Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari Lari made a real estate security trust agreement (hereinafter “instant trust agreement”) with the Defendant on the real estate indicated in the attached list, which is the site for the above golf course (hereinafter “instant land”). On May 16, 2013, Lariri

【Ground of recognition】 Evidence No. 1, Evidence No. 2-1 through 34, Evidence No. 1, and the purport of the whole pleadings

2. The debtor's act of disposing of the debtor's assets in order to become a fraudulent act, such act must cause a decrease in the debtor's total assets and fall short of the joint security of claims. In other words, the debtor's small assets should be more than active assets, and the debtor's insolvency should be determined at the time of the fraudulent act.

(see, e.g., Supreme Court Decision 2009Da47852, Oct. 29, 2009). Meanwhile, in order for a company to be in a state of excess of its obligations, it shall be determined on the basis of the total amount of actual obligations and the total amount of assets appraised as an actual value, and it shall not be determined on the basis of the total amount of nominal liabilities and assets indicated in

Supreme Court on April 12, 2012