beta
Text
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is all dismissed.
3.
Reasons
1. Grounds for this part of the judgment of the court of first instance are stated in this part.
A. Inasmuch as the provisions of paragraphs (1) and (2) are the same, they shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. Since the Defendant Company, which was in excess of the Plaintiff’s assertion’s obligation, sold the instant real estate to the Defendant constitutes the Defendant’s fraudulent act, the sales contract concluded on September 28, 2016 with respect to the instant real estate between the Defendant Company and the Defendant, with the Plaintiff’s claim for indemnity against the Defendant Company as preserved bonds (hereinafter “instant contract”) is revoked, and the Defendant must implement the registration procedure for cancellation of the instant registration completed pursuant to the instant contract with the Defendant Company.
B. Determination 1) In a case where a debtor’s act of reducing liability property causes or deepens the shortage of joint security for general creditors, whether the act constitutes a fraudulent act subject to revocation shall be determined by comprehensively taking into account the following circumstances: (a) the subject matter of the act is the weight of the debtor’s entire property subject to liability; (b) the degree of insolvency; (c) the justification of the economic purpose of the juristic act; (d) the reasonableness of the pertinent act, which is the means of its realization; (e) the reasonableness of the pertinent act; and (e) the degree of perception of the party’s risk of the shortage of joint security, such as the existence of a collusion between the debtor and the beneficiary; and (e) whether the act can ultimately be deemed an act detrimental to general creditors (see, e.g., Supreme Court Decisions 2007Da2718, Sept. 30, 2010; 2015Da48467, Dec. 24, 2015).