logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원정읍지원 2020.07.14 2019가단2931
사해행위취소 등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The plaintiff asserts that the act of the debtor D's selling the land stated in the claim to the defendant should be revoked as a fraudulent act.

However, the sale price of the above land is KRW 24,00,00 (Evidence 6-2, No. 14, No. 6-2) and can be deemed as the market price. Since the secured debt amount and the maximum debt amount already exceed the market price are KRW 35,00,00,000 (Evidence 6-2, No. 6-2, and Witness D), the above land cannot be deemed as the joint collateral of the general creditors, and therefore, it cannot be deemed as a fraudulent act by having disposed of D.

(See Supreme Court Decision 2017Da287891 Decided April 24, 2018).

arrow