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(영문) 전주지방법원정읍지원 2020.07.14 2019가단2931
사해행위취소 등
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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).