사해행위취소
1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. The reasons for the entry in this case by the court of first instance concerning this case are as follows: (a) deleted the part of the 7th judgment of the court of first instance, which is the part of the 16th to 15th judgment; (b) deleted the 16th "C" or "C"; and (c) add the following judgments as to the claims added at the court of first instance; and (d) thereby, it is identical to the entry of the reasons for the judgment of the court of first instance except for adding the following judgments as to the claims added at the
2. The addition;
A. The plaintiff asserts that C, who was insolvent, prepared the notarial deed of this case to the defendant for the purpose of having the defendant repay in fact through compulsory execution procedure, and the defendant obtained the seizure and order of this case based on this, so the monetary loan contract between the defendant and C, which caused the preparation of such notarial deed, shall be revoked as it constitutes a fraudulent act detrimental to the interests of other general creditors.
B. A creditor’s right to seek repayment of an obligation is a natural exercise of his/her right, and it does not interfere with another creditor’s existence, and the debtor also cannot refuse to perform his/her obligation on the ground that there are other creditors. Thus, in an auction procedure for the debtor’s property, where the debtor concludes a loan agreement for consumption and prepares a notarial deed stating the purport of accepting compulsory execution for the repayment of the existing obligation to the creditor at the request of the creditor who requires an execution title to equally distribute dividends, barring special circumstances where such an act does not differ from the actual transfer of his/her responsible property to the specific creditor, it cannot be deemed a fraudulent act detrimental to other creditors.
(See Supreme Court Decision 2010Da103376 Decided December 22, 2011). C.
The above evidence is written and stated.