사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
In full view of the fact-finding results of the court's fact-finding, E Co., Ltd., F Co., Ltd., G Co., Ltd., and H Co., Ltd.'s response to each financial transaction information of H Co., Ltd., the following facts can be acknowledged: (a) Eul's evidence Nos. 1-1 through 7-4; (b) Eul's evidence Nos. 1 through 6; and (c) Eul's evidence Nos. 1 through 13; (c) the Minister of Court Administration,
The issue of this case is whether the debt exceeds the debt of the debtor D.
From among the requirements for establishment of obligee's right of revocation, the obligor is not necessarily required to be in excess of the obligation at the time of the fraudulent act.
If the obligation is omitted only as a result of a juristic act for the purpose of property right, it can be recognized that the excess is more important than the debtor's revenue or economic ability, and if it is not easily attributable to the short time, the requirement for excess of the obligation is satisfied.
We examine before and after the act of the debtor D's selling each of the real estate listed in the separate sheet to the defendants, and determine whether the obligation exceeds the obligation.
The value of active properties D, which may be recognized by all evidence mentioned above, was owned by D at the time of each juristic act, is as follows:
The plaintiff asserts that the value of the first and second real estate should be calculated not by the appraised value but by the price actually sold at the auction procedure.
However, since it is reasonable to calculate the appraised value, the above argument is without merit.
The appraisal value is 22,583,700 in the case of a compulsory auction for real estate at the Daejeon District Court of Jan-gu, Chungcheongnam-si, Chungcheongnam-do, the cause of registration is 35,000,000 of the sales contract for 1st, which is 47,186,100 of the appraisal value in the case of a compulsory auction for Lan forest at the time of Haan-si, Chungcheongnam-si, Kimpo-si, Kimpo-si.