(심리불속행) 이 사건 근저당권부 채권의 양도계약은 사해행위로 취소되어야 함[국승]
Seoul High Court-2013-Na2014192 ( November 29, 2013)
(B) The transfer contract of the right to collateral security of this case must be revoked by fraudulent act.
(Summary) The transfer contract of the instant collateral security claim must be revoked by fraudulent act, and restitution to its original state shall be notified to the effect that the transfer contract of the instant collateral security claim was revoked, and the Plaintiff shall pay damages for delay from the day after the judgment becomes final and conclusive to the day of full payment.
Article 406(1) of the Civil Act
2014Da202394 Return of Unjust Enrichment
AA
Korea
Seoul High Court 2013Na2014192 ( November 29, 2013)
April 24, 2014
All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by