사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The reasons why this Court shall explain this part of the facts of recognition are with respect to “C” in the second and fourth pages of the judgment of the first instance court, and the third pages of the judgment.
Except for deletion of a claim, this part of the reasoning of the judgment of the first instance is the same as that of the judgment of the court of first instance.
2. Determination
A. The reasoning of the court’s explanation concerning the establishment of the preserved claim, the existence of the intention to understand the defendant’s bona fide defense is the same as that of the judgment of the court of first instance, and thus, this part of the judgment is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. 1) The establishment of a fraudulent act in order to become a fraudulent act by the debtor's act of disposal of the debtor's property, the act has to cause a decrease in the debtor's total assets and to cause a shortage in the joint security of claims. In other words, the debtor's passive property should be more or more than active property, and the debtor's insolvency should be determined as at the time of the fraudulent act (see, e.g., Supreme Court Decision 2009Da47852, Oct. 29, 2009). The above facts of the recognition, and the evidence, as mentioned above, and evidence, Gap's signature and the subsequent stamp image are recognized by Eul's writing and its seal, and thus, the entire document authenticity is presumed to have been established. The defendant is not proven to have been forged, but there is no evidence to acknowledge it as a result of each appraisal at the court below's entirety (hereinafter referred to as "the whole pleadings") and the purport of each appraisal at H as at the time of the entire pleadings.
B B B B B, each of the instant real estates Nos. 1 and 2, as seen earlier in Echeon City’s land, J land, F land, K land before subdivision, and as seen earlier in the subsequent L land before subdivision, the said land has been partially expropriated at Ethcheon City.