사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance is that of the evidence additionally submitted by this court, the statement of evidence Nos. 9 and 10, which is insufficient to acknowledge the plaintiff's assertion, is rejected. The plaintiff's assertion is identical to the corresponding part of the reasoning of the judgment of the court of first instance, except for the addition of additional determination as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Relevant legal principles 1) For an obligor’s act of disposal of property to constitute a fraudulent act, the obligor’s act is to reduce the obligor’s whole property to cause or deepen the shortage of joint security of claims due to the reduction of the obligor’s property. As such, in cases where the obligor purchases real estate from a third party by borrowing money, provides the pertinent real estate as security for the loan obligations, or where the obligor purchased real estate from a third party and completed the registration of ownership transfer before the payment of the purchase price and provided the relevant real estate as security for the purchase price obligations, the existing obligees’ joint security cannot be deemed a fraudulent act (see, e.g., Supreme Court Decision 2017Da237186, Sept. 21, 2017). Therefore, in a lawsuit for revocation of a fraudulent act, the beneficiary’s bad faith
In such a case, the good faith of a beneficiary shall be determined reasonably by comprehensively taking into account all the circumstances, such as the relationship between the debtor and the beneficiary, the details of and the background or motive for the act of disposal between the debtor and the beneficiary, the transaction terms and conditions of the act of disposal, the existence of objective materials supporting the act of disposal, and the circumstances after the act of disposal, etc.
B. (Supreme Court Decision 2007Da74621 Decided July 10, 2008, etc.).
Judgment
1. The Plaintiff’s contract to establish the instant mortgage.