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(영문) 서울고등법원 2016.12.14 2016나2074805
사해행위취소
Text

1. The plaintiff's appeal against the defendant is dismissed.

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

purport, purport, and.

Reasons

1. The reasons why the court of the first instance as to this case are stated are as follows, except for the second instance judgment, with the exception of the second instance judgment Nos. 12, 18, and 13, 9, i.e., the second instance judgment Nos. 12, 18, and 13, i.e., the second instance judgment No. 2, 200

(However, in order to establish a fraudulent act on February 2, 200 in the first instance court's joint defendant corporation A, D, F, B, and C, which became separate and conclusive, the amount obtained by deducting the negative property from the obligor's active property should be less than the transfer of the juristic act by the obligor by doing any legal act.

(1) The Supreme Court Decision 200Da64792 Decided June 15, 2001 (see, e.g., Supreme Court Decision 2000Da53632, Jun. 15, 2001). Meanwhile, in the case of an object subject to a mortgage, the amount of claims secured by ordinary creditors out of the object is limited to the remainder after deducting the amount of claims secured. Thus, establishing a new establishment registration of a mortgage with the same amount as the secured obligation in lieu of cancelling the former establishment registration by repaying the secured obligation of the obligor’s real estate in excess of the obligation, it cannot be deemed that the obligor’s joint security is insufficient (see, e.g., Supreme Court Decision 2010Da64792, Jan. 12, 201); comprehensively taking account of the following facts: (a) the amount of claims secured by ordinary creditors out of the object; (b) the amount of claims secured by the Defendant out of the total amount of claims secured by the mortgage; and (c) the Defendant out of KRW 30005, Defendant’s account.

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