구상금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following cancellation and payment order shall be revoked.
1. The reasons why this part of the court's right to revoke the fraudulent act is stated are as follows: (a) and (b) of Article 420 of the Civil Procedure Act.
2. Methods and scope of reinstatement;
A. Where several mortgages have been established on real estate which is the object of a fraudulent act, and only some mortgages have been cancelled after the fraudulent act, the restitution following the cancellation of the fraudulent act shall be based on the method of compensation for value. In such a case, the amount of compensation shall be calculated by deducting all the secured debt amount of the mortgage cancelled from the value of the real estate at the time of the closure of arguments at fact-finding trials, which is the time of the cancellation of the fraudulent act.
(See Supreme Court Decision 97Da6711 delivered on February 13, 1998. Meanwhile, in a case where a lessee who has the opposing power provided by Article 3(1) of the Housing Lease Protection Act with respect to a fraudulent act and real estate subject to compensation for value has a fixed date and is entitled to receive a preferential repayment of a specified amount of the lease deposit under Article 8 of the Housing Lease Protection Act, or a small lessee who has the preferential repayment right after obtaining a fixed date on the lease agreement, or who is entitled to receive a preferential repayment of a specified amount of the lease deposit under
(See Supreme Court Decision 2007Da29119 Decided July 26, 2007). B.
Facts of recognition
On October 31, 2014, the registration of the establishment of a neighboring mortgage of KRW 60,000,000, which was completed under the name of the Incheon District Court, Seocheon-gu, Incheon District Court, under the name of the Korea Standards Bank, on April 1, 2005, pursuant to the receipt of No. 30423 on April 1, 2005, and the registration of the establishment of a neighboring mortgage of KRW 12,00,000,000, in the name of the Incheon District Court, Seocheon-gu, Incheon District Court, under the name of the Korea Standards Bank. However, the registration of the establishment of a neighboring mortgage of KRW 9195, which was completed on February 1, 2007, was completed on January 5, 2015.