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(영문) 대법원 2018.10.04 2017다23790

사해행위취소

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The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. On the grounds stated in its reasoning, the lower court determined as follows: (a) if the registration of creation of a collateral was cancelled after the real estate was transferred by fraudulent act; (b) the creditor may claim compensation within the extent of the balance remaining after deducting the secured debt amount from the value of the real estate; and (c) in such cases, the secured debt amount to be deducted is the amount actually discharged for cancellation

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine regarding the scope of the secured debt, which is deducted at the time of compensation for value, contrary to what is alleged in the grounds of

2. The court below rejected the defendant's assertion that the judgment of the court of first instance ordering the defendant to compensate for the value in violation of the principle of equality of creditors.

Examining the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on compensation for value, contrary to what is alleged in the grounds of appeal.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.