사해행위취소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the determination under paragraph (2) below, as to the assertion that the Defendants emphasize in the trial of the court of first instance. As such, this Court
2. Determination as to the defendants' assertion and defense
A. As to the assertion that each of the instant donations does not constitute a fraudulent act, the summary of the argument 1) was as follows: (a) the forest land located at the time of each of the instant donations, which is the active property of 20,000,000 won at the time of each of the instant donations, and the purchase price of each of the instant lands, and KRW 240,000,000,000, which was paid for C’s penalty and R’s respective debt repayment for the children of 1,140,000,000, after deducting 240,000,000,000 as the purchase price of each of the instant lands; (b) on the other, the small property was limited to KRW 545,046,58, which was incurred from the sale and purchase of each of the instant lands, and thus, each of the instant donations was not in excess of a debt at the time of each of the instant donations; (c) therefore, (d) the judgment of the first instance is unreasonable to deem that each of the instant donations constitute a fraudulent act to constitute a creditor’s shortage in the joint collateral disposal of the creditor’s.
Therefore, such fraudulent act can be established not only in excess of the debt prior to the debtor's disposal of the property, but also in cases where the debtor's disposal of the property is in excess of the debt.
(See Supreme Court Decision 2005Da68808 Decided April 29, 2005, and Supreme Court Decision 2015Da53841 Decided September 21, 2017, etc.). In light of the aforementioned legal principles, C is in line with the overall purport of the pleadings in each of the underlying facts as seen earlier and evidence Nos. 7 and 9.