사해행위취소
Among the judgment of the first instance court, the part concerning each real estate listed in paragraphs 1 and 2 of the attached list shall be modified as follows:
1. The court of first instance partly accepted the Plaintiff’s claim on the instant real estate among the respective claims against the Defendant, and dismissed the claim on each of the real estate listed in the attached Tables 3 and 4.
However, among the part against the plaintiff as to the real estate of this case in the judgment of the court of first instance, the plaintiff filed an appeal only for the part as stated in the purport of the above appeal, and the part concerning each real estate listed in the attached Tables 3 and 4 did not file an appeal. The defendant did not file an appeal against the part against the defendant as to the real estate of this case
Therefore, among the plaintiff's respective claims against the defendant, ① a claim exceeding the purport of the plaintiff's appeal as to the real estate of this case, and ② a claim as to each real estate of this case listed in the attached list 3 and 4 was excluded from the subject of a trial. Only a claim within the purport of the plaintiff's appeal as to the real estate of this case
2. The reasons why this Court shall explain this part of the facts of recognition are the same as the corresponding part of “1. Basic Facts” of the judgment of the court of first instance. Thus, this Court shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act
3. Determination
A. 1) Whether a fraudulent act constitutes a fraudulent act is established or not as stated in the part as stated in the first instance court’s judgment Nos. 7, 19, and 9, and 5. Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. 2) Whether the instant real estate constitutes a fraudulent act as joint security at the time of the occurrence of a fraudulent act should be determined at the time of the act of disposal. Thus, where the real estate offered as security is realized in the course of voluntary auction, etc. after the act of disposal of the property at issue is conducted, the act of disposal of the property should be determined at the time of the act of disposal.