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(영문) 인천지방법원 2020.04.08 2019나60304
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Grounds for a judgment of the court of first instance which cited the judgment of the court of first instance are governed by Article 2-2

B.1) Since paragraph (1) is identical to the statement in the judgment of the court of first instance other than being used as follows, it shall be quoted pursuant to the main sentence of Article 420 of the Civil Procedure Act. 1) If the debtor's property is offered as physical collateral for other creditors' claims when determining whether it constitutes a fraudulent act subject to the revocation of creditor's property, the portion offered as physical collateral cannot be deemed as the debtor's property for the general creditors. Thus, the remaining amount after deducting the amount of the secured claim held by other creditors from the value of the property offered as physical collateral cannot be deemed as the debtor's property for the general creditors. Meanwhile, in a lawsuit seeking revocation of a fraudulent act, the issue of debtor's insolvency shall be determined as at the time of the fraudulent act (Supreme Court Decision 2010Da64792 Decided January 12, 201). 40/30 of the total amount of shares secured by the debtor's 40% of the value of the secured claim held by the creditor's 16/16-2 of the evidence No.

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