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(영문) 서울고등법원 2016.07.13 2015나2067831
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of the court of first instance, except in the following cases. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.

On February 18, 2014, the text of the judgment of the court of first instance changed the term " February 12, 2013." The following arguments are added as follows, Nos. 7, 13 of the judgment of the court of first instance. “B, as the internal director of C, and the father of D, who is the representative director of C or C, has been one of its existing creditors, shall complete the instant mortgage contract and the instant neighboring mortgage establishment registration for the purpose of securing additional loans to enable C or D to continue its business operation, and shall complete the instant mortgage establishment registration for the purpose of securing additional loans from the Defendant who was one of its existing creditors, and shall complete the instant mortgage contract and the instant neighboring mortgage establishment registration for the purpose of securing additional loans from the Defendant on March 19, 2014 and KRW 4,400,000,000 won borrowed from the Defendant on June 25, 2014 to use the aggregate amount of KRW 4,400,000,00.

An act of a debtor in excess of his/her obligation to provide his/her own real estate to any one of the creditors as a claim security constitutes a fraudulent act in relation to other creditors, barring special circumstances. However, barring any special circumstance, barring any special circumstance, a debtor's act of creation of security interest constitutes a fraudulent act if it is the best way for a debtor to continue his/her business by financing funds in a situation where it is difficult to continue his/her business due to financial difficulties, and if it is inevitable for a specific creditor to provide real estate as a security

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