beta
Text
1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The reasoning for this Court’s explanation concerning this part of the basic facts is as stated in the corresponding part of the judgment of the first instance except for the addition of the following to the end of the basic facts. As such, this part is cited by the main text of Article 420 of the Civil Procedure
D. “A, on September 2, 2014, was declared bankrupt and exempted from liability (2013Hadan1994, 2013, 1998) by the Changwon District Court, and accordingly, a lawyer G was appointed as a trustee in bankruptcy and taken over the instant lawsuit.”
2. The Plaintiff’s assertion is a fraudulent act committed by the obligor A to a bankruptcy creditor, and thus, the Plaintiff is obligated to deny this contract, and the Defendant is obligated to pay to the Plaintiff 127,007,540 won repaid by A and delay damages incurred therefrom from October 25, 2014.
3. Determination
A. According to Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”), the bankruptcy trustee may deny for the bankruptcy estate the “act that the debtor knows that it would prejudice any bankruptcy creditor,” and the “act that the debtor knows that it would prejudice any bankruptcy creditor” includes the so-called “act of absolute reduction of the debtor’s general property, which is a joint security of the total creditor, in absolute terms (see Supreme Court Decision 2012Da30427, Jun. 28, 2012). Under the foregoing, it is deemed that the instant mortgage contract or the debt repayment contract constitutes a fraudulent act subject to the obligee’s right of revocation.
B. On March 28, 2013, A entered into the instant mortgage agreement with the Defendant, setting forth KRW 150,00,00 with respect to each of the instant real estate as the obligor A, the mortgagee, the Defendant, the maximum debt amount, KRW 150,00,00, and on April 2, 2013, the establishment registration of the neighboring real estate was completed to the Defendant on April 2, 2013, and ② the Defendant applied for voluntary auction with the Changwon District Court for each of the instant real estate on September 16, 2013.