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(영문) 의정부지방법원 2019.09.27 2018나208551
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Determination on this safety defense:

2. The reasoning for the court's explanation on this part of the facts of recognition is the same as that for the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure

3. Determination on the cause of the claim

A. The existence of the preserved claim is identical to the facts acknowledged earlier that the Plaintiff acquired the joint and several surety claim amounting to KRW 290,000,000 against the Defendant E and the Defendant B prior to the instant land disposal act. Therefore, the existence of the preserved claim is recognized.

B. (1) If a fraudulent act is established on the object transferred by the debtor, if the security right is established on the object, the obligation property provided to the joint security of the ordinary creditors among such object shall be limited to the remainder after deducting the secured claim amount. If the secured claim amount exceeds the price of the object, the transfer of such object shall not be deemed to constitute a fraudulent act.

(1) In cases where a legal act on a certain real estate constitutes a fraudulent act, in principle, the fraudulent act should be revoked and the restoration of the real estate itself, such as cancellation of ownership transfer registration, should be ordered.

However, in the event that the registration of the entry of seizure based on taxes and other public imposts with preferential rights to payment of immovables has been completed after the fraudulent act was committed, if the above bonds have been repaid and such registration has been cancelled, such fraudulent act shall be cancelled within the extent of the balance remaining after deducting the repayment amount of tax claims from the value of such immovables.

(2) The market price of the instant land based on March 8, 2013, the time of the fraudulent act by E, etc. is KRW 44,593,00, and the market price of the instant land is KRW 44,593,00, which is close to the date of closing the argument in the political party.

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