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All appeals are dismissed.
Costs of appeal shall be borne by each party.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. In determining whether the Plaintiff’s ground of appeal constitutes a fraudulent act subject to revocation by the obligee, if the obligor’s property is provided as a physical collateral for another obligee’s claim, the part provided as a physical collateral cannot be deemed as the obligor’s liability property for the general obligees. Therefore, only the balance obtained by deducting the secured claim held by other creditors from the value of the property offered as a physical collateral should be evaluated as the obligor’s active property.
(see, e.g., Supreme Court Decision 2010Da64792, Jan. 12, 2012). If a joint mortgage has been established on several real estate, the amount of the secured debt to be borne by each real estate is the amount calculated by dividing the amount of the secured debt of the joint mortgage in proportion to the value of each real estate that is the object of the joint mortgage, barring any special circumstance, in light of the purport of
However, in the event that part of the several real estate are owned by the obligor and other parts are owned by the surety, considering that the surety is in the position of the obligor to exercise the mortgage on the real estate owned by the obligor by subrogation pursuant to the provisions of Articles 481 and 482 of the Civil Act, barring special circumstances where the surety is unable to exercise the right to indemnity on the obligor, the amount of the secured debt borne by the surety owned by the obligor is the total amount of the secured debt of the joint mortgage limited to the value of the immovables owned by the obligor, and the amount of the secured debt borne by the surety owned by the surety is the remainder after deducting the amount of the secured debt to be borne by the obligor from the amount
The judgment below
According to the reasons, the lower court is as follows. B. D.