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1. The defendant's appeal is dismissed.
2. The defendant shall bear the total costs of the lawsuit after filing the appeal.
purport, purport, and.
Reasons
1. The reasoning for the court’s explanation in this judgment is as follows: “The mere fact that the court entered into a promise to return substitutes with respect to B’s shares” in Part 3 of Part 8 of the judgment of the court of first instance is as follows: “All the evidence submitted by the Defendant to this court, such as the circumstance that the Defendant entered into a promise to return substitutes with respect to B’s shares, and the circumstances surrounding the assertion.” In addition to adding the judgment on the Defendant’s assertion as stated in the reasoning of the judgment of the court of first instance as stated in Paragraph 2 of Article 420 of the Civil Procedure Act, this is cited by the main text
2. Additional determination as to the defendant's assertion
A. As to the assertion that the instant substitute return reservation, etc. was not a fraudulent act, the Defendant’s assertion was 1) the promise to return the substitute of this case, which was made by B, and the provisional registration of the security on April 3, 2013, based thereon, (hereinafter “provisional registration of this case”).
A) There was no change in the scope of B’s property due to the act of creation. Therefore, the instant substitute return, etc. does not constitute a fraudulent act that reduces the joint security of ordinary creditors, and the instant substitute return, etc. did not have any intention to commit fraud to B. (2) Determination A). Although the partition of co-owned property is formally an exchange or sale of shares among co-owners, it is merely a change in its ownership form by concentrating the shares acquired due to the division on the specific part acquired due to the division (see, e.g., Supreme Court en banc Decision 98Da58443, Jun. 17, 1999). Therefore, in the event of exercising the right of revocation on the ground of a fraudulent act as to the provisional registration of collateral for co-owned property, the determination as to whether it constitutes a fraudulent act as at the time of establishment of the provisional registration of collateral for co-owned property as to co-owned
In addition, after partition of co-owned property, it is first.