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(영문) 서울서부지방법원 2018.08.17 2017나39270

사해행위취소

Text

1. Upon a claim for change in exchange at the trial, the Plaintiff shall:

A. Defendant B shall be 63,377,212 won and this shall apply.

Reasons

1. The court's explanation on this part of the facts of recognition is as follows: (a) the real estate No. 16 of the judgment of the court of first instance (hereinafter "real estate No. 1") shall be deemed as "real estate No. 1"; (b) the real estate No. 5 of the judgment of the court of first instance shall be deemed as "real estate No. 2 recorded in the attached Table No. 2" (hereinafter "the instant real estate No. 2 real estate No. 2"); and (e) the Fund No. 7 of the judgment of the court of first instance shall be deemed as "real estate No. 1 and 2 of the instant contract constitutes fraudulent act detrimental to G general creditors; and (c) on the grounds that the instant contract No. 1 and 2 of the instant contract constitutes fraudulent act, G filed a lawsuit against the Defendants seeking revocation and restitution of each of the instant contract No. 1 and 2 of the collateral No. 16, which were pending in the court of first instance; and (c) on March 23, 2018.

2. Determination on whether to grant intentional avoidance

A. The "act of the bankrupt, who is an act subject to avoidance under Article 391 subparagraph 1 of the Debtor Rehabilitation Act, knowing that the bankrupt would prejudice the bankruptcy creditor" not only the so-called fraudulent act absolutely reduced the general property of the bankrupt, which is a joint security of all creditors, but also the so-called biased act contrary to the fairness of other bankruptcy creditors, such as repayment and provision of security to a specific creditor, by affecting the bankrupt's property relationship, thereby favorable to a specific bankruptcy creditor in the distribution of dividends, as well as in the so-called fraudulent act.