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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the
2. Whether a fraudulent act is constituted
A. The reasoning for the court’s explanation concerning this part of the establishment of the preserved claim is as follows: (a) the 10th to the 5th to the 3rd above of the judgment of the court of first instance; and (b) thus, it is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act
B. Whether a fraudulent act is established (1) If a mortgage is established on an object transferred by an obligor to a beneficiary in a lawsuit for revocation of a fraudulent act, the property jointly secured by the general creditors among such object is limited to the remainder after deducting the secured claim amount. If the secured claim amount exceeds the value of the object, the transfer of such object cannot be deemed to constitute a fraudulent act.
However, in cases where multiple real estate joint mortgages have been established, the amount of secured debt on each real estate should be considered as the amount divided by the amount of secured debt on each joint mortgages in proportion to the value of each real estate that is the object of joint mortgages in light of the purport of Article 368 of the Civil Code, barring special circumstances.
However, in the event that some of the several real estate are owned by the debtor and other parts are owned by the debtor, considering the fact that the person who has pledged his/her property to secure another's property is in the position of exercising the mortgage on the real estate owned by the debtor by subrogation in accordance with the provisions of Articles 481 and 482 of the Civil Code, it is reasonable to view the amount of the secured debt on the real estate owned by the debtor as the total amount of the secured debt on the joint mortgage unless there are special circumstances where
This legal doctrine is a single legal doctrine.