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(영문) 서울고등법원 2017.06.23 2017나2010570
사해행위취소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except where the court added a judgment on the allegations raised in the appellate court or the trial as follows. Thus, this is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure

2. Following the fifth fourth fourth step of the judgment of the first instance, the height shall be added:

The Defendant asserts that “the Plaintiff collected the claims against the non-party company additionally at the construction site of “J main complex apartment, Hosan-si K apartment, Songdo Lbro Multi-Family Housing, Songdo M, Nju Complex Apartment, etc.” but there is no evidence to acknowledge it. However, the Defendant deleted “B” of the fifth nineth part of the judgment of the first instance.

After the fifth 20th second st of the judgment of the first instance, “O's certificate submitted as reference materials is also difficult to believe.”

The "40 million won" in the 15th 10th 15th le of the judgment of the first instance shall be deemed "50 million won".

The second second second part of the judgment of the first instance is "145 million won" to "145 million won."

3. Additional determination

A. After Defendant B’s assertion of this case’s transfer of ownership, Defendant B, the beneficiary, subrogated for part of the debt to Nonparty B’s national bank (right of collateral security holders).

In order to cancel the entire contract of this case and the sales contract of this case, or to cancel the whole of the provisional registration of this case and the transfer of ownership registration of this case, the general creditor obtains unjust profits.

Therefore, cancellation or cancellation should be ordered only to the remainder except the amount subrogated in the secured debt against the National Bank of the non-party company.

B. Where a judgment was made on a real estate that was transferred by a debtor to a fraudulent act, the liability property provided to the joint security of general creditors out of the relevant real estate is limited to the remainder after deducting the amount of the secured obligation.

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