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(영문) 수원지방법원 2018.10.23 2018나51188
사해행위취소
Text

1. The judgment of the court of first instance is modified as follows.

With respect to the real estate indicated in the attached list between the defendant and B.

Reasons

1. The part of the judgment of the court of first instance concerning the establishment of fraudulent act among the reasoning of the judgment of the court of first instance is identical to the judgment of the court of first instance, except for the following additional determination, thereby citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. 1) In the event that a real estate subject to mortgage is transferred to a fraudulent act, the fraudulent act is established only within the extent of the balance obtained by deducting the secured debt amount of the mortgage from the value of the real estate. Thus, in the event the establishment registration of a mortgage is cancelled by repayment after a fraudulent act, etc., the fraudulent act can be cancelled and sought compensation for the value of the real estate within the extent of the balance obtained by deducting the secured debt amount of the mortgage from the value of the real estate. Such value calculation shall be based on the date of the conclusion of arguments at the fact-finding court (see, e.g., Supreme Court Decisions 98Da41490, Sept. 7, 1999; 200Da63912, Apr. 12, 200), each of the evidence mentioned above, and evidence mentioned above, and one bank of this court, our bank, Korea bank, Korea bank, and Korea Bank, 390Da63965, 398, 496, 3965, 397, etc.

3. Next, examining the real estate value of this case, it is not sufficient to acknowledge that the value of the real estate of this case by only the statement No. 6-4 alone was 580 million won, and evidence to acknowledge it otherwise.

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