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(영문) 수원지방법원 2017.06.14 2016나78028
사해행위취소
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the lower court’s acceptance of the first instance judgment is the same as that of the first instance judgment, except for the addition of the following, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. On April 5, 2012, prior to the occurrence of the instant fraudulent act as to the Plaintiff’s additional assertion, the Defendant’s repayment of KRW 150,648,081, which was prior to the Defendant’s occurrence of the instant fraudulent act, was merely a repayment of the Defendant’s obligation to the KunFC, and cannot exercise any preferential payment right to the general creditors of B after the said repayment. Only KRW 135,00,000, which was 1/2 of the secured debt amount of the right to collateral security established on each of the instant real estate at the time of the fraudulent act, is recognized as preferential payment right. Therefore, the fraudulent act is established only within the extent of KRW 97,069,50, which is the remainder after deducting the above priority claim amount from each of the instant shares (i.e., the value of each of the instant shares of KRW 232,069,500, 135,000).

Therefore, the payment contract of this case shall be revoked within the limit of the above KRW 97,069,50, and the defendant shall be liable to pay the plaintiff the above KRW 97,069,50 with the equivalent compensation and the delay damages.

B. In conclusion, as seen in the facts of recognition, the Defendant acquired the Defendant’s debt to the KunFFFFFFFFFFFFFFFF and repaid it. As such, the Defendant is entitled to receive the above KRW 150,648,081, in preference to the claims of the general creditors of B as the mortgagee on each of the instant shares by virtue of the effect of subrogation by the reimbursement obligor under Articles 481 and 482

The amount must be excluded from the liability property provided to the joint security of the general creditors.

Therefore, the court can only cancel the payment contract of this case and order compensation for damages within the limit of KRW 81,421,419, after deducting the above KRW 150,648,081, which is the priority claim amount from the value of each share of this case 232,069,50.

Therefore, the plaintiff's status.

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