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(영문) 청주지방법원 2019.08.14 2018가단6600

사해행위취소 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Judgment on the plaintiffs' assertion of grounds of claim

A. The gist of the Plaintiffs’ assertion lies in a claim against the debtor company and the F, the representative director thereof (hereinafter “debtor”).

However, the obligor entered into a contract of joint collateral security (hereinafter “instant collateral security”) with the Defendants as stated in the claim regarding each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) which is the only property after the date on which an assignment order became final and conclusive, and the Defendants jointly placed a collateral security. This is a fraudulent act detrimental to the Plaintiffs, which is the obligee, and thus, should be revoked, and the establishment registration of the instant collateral security should be cancelled as the restitution of the original state.

B. In a case where a debtor’s act of reducing liability property, thereby inducing or deepening the shortage of common security for general creditors, whether the act constitutes a fraudulent act subject to revocation ought to be determined based on whether the act ultimately causes damage to general creditors, by comprehensively taking into account the following circumstances: (a) the degree of insolvency among the debtor’s entire responsible property; (b) the economic purpose of a juristic act; (c) the reasonableness of the pertinent act, which is the means of its realization; (d) the reasonableness of the act’s economic purpose and its means of realization; and (e) the degree of perception of the parties as to the risks of common security such as the existence of a conspiracy between the debtor

In addition, the debtor's act of providing real estate owned by him/her to any one of the creditors is a fraudulent act in relation to other creditors, except in extenuating circumstances, but it is difficult for the debtor to continue his/her business due to financial difficulties.