사해행위취소
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.
1. The reasoning of the judgment of the court of first instance is as follows, except for the following “the part that is changed or added by February 2, 199,” and thus, it is acceptable to accept it as is in accordance with the main sentence of Article 420 of the Civil Procedure
2. Each of the 5th, 12, 13, and 17 acts listed in the O’s first instance judgment, which is either changed or added, shall be deemed to be “ July 24, 2015” respectively.
O The fifth and seventh acts of the first instance judgment " May 9, 2015" are deemed to be " May 19, 2016".
O The following shall be added to the sixth 7th instance judgment of the first instance.
1) In the lawsuit for revocation of a fraudulent act, if the debtor has a mortgage on the object transferred to the beneficiary in the lawsuit for revocation of the fraudulent act, the property provided to the joint security of the general creditors among such object is limited to the remainder after deducting the amount of the secured debt. If the amount of the secured debt exceeds the value of the object, the transfer of such object cannot be deemed a fraudulent act.
However, in cases where multiple real estate are jointly mortgaged, the amount of secured debt on each real estate should be calculated in proportion to the amount of secured debt on each real estate subject to joint mortgages in proportion to the value of each real estate subject to joint mortgages, barring special circumstances, in light of the purport of Article 368 of the Civil Act.
(See Supreme Court en banc Decision 2012Da5643 Decided July 18, 2013) In the instant apartment, the establishment registration of a mortgage was completed on May 14, 2012, the establishment of a multi-household 201,600 (the maximum debt amount 321,600,000). On March 26, 2013, other than the foregoing apartment, multi-household 201, 202, 203, 204, 301, 302, 303, 304, 304, 304, 404, 401, 402, 403, 404, 401, 404, 501, 502, 503, 504, 504, 504, 503 (hereinafter “multi-household 504”) of the instant apartment.
A. E. 21 square meters, respectively.