채무초과 상태에 있는 체납자가 채권자 일인과 체결한 근저당권 설정등기가 사해행위에 해당하는지 여부[국승]
Daegu High Court 2015Na24868 ( August 17, 2016)
Whether the registration of the establishment of a right to collateral security made with a debtor in excess of his/her obligation constitutes a fraudulent act
Unless there are special circumstances, the act of a delinquent debtor in excess of his/her obligation to provide real estate owned by him/her to any one of the creditors as collateral for claims constitutes a fraudulent act in relation to other creditors.
Dismissal of Disorder in Trial
Article 406 of the Civil Act
2016Da246978 Demurrer against distribution
2016Da246985 (Joint) Revocation of Fraudulent Act
Korea
AA
Daegu High Court Decision 2015Na24868, 2015Na24875 decided August 17, 2016
December 1, 2016
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Examining the judgment of the court below and the grounds of appeal, the ground of appeal by appellant is examined.
Since it is apparent that there is no reason for falling under Article 4 of the Act on Special Cases Concerning the Law, an appeal under Article 5 of that Act
It is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.