1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for cases where the reasoning of the judgment is written or added as set forth in the following 2, and thus, it is citing it as is by the main sentence of

2. Parts to be dried or added;

A. On the other hand, the part of the judgment of the court of first instance is dismissed as follows, and the part of the judgment of the court of first instance is added to the 3rd 12 to 14th , and the 4th 7th 7th , “B 12 and 18th ,” respectively.

[affirmative Property] 361,477,000 won (1) The value of the instant real estate: 174,000,000 won (2) The value of land and buildings E in Jincheon-gun, Chungcheongnam-do: 187,477,00 won

B. Determination as to the Additional Claim: B’s debt excess status 1) The Defendant was active property of the instant real estate and E’s claim for loans equivalent to KRW 500 million against D and dividends equivalent to KRW 500 million. The Defendant’s passive property of KRW 118,00,000, and KRW 108,290,000, and KRW 132,636,947, and KRW 138,926,947, and KRW 132,636,947, and KRW 132,926,947 of the Defendant’s debt against the Plaintiff was limited to positive property of the instant real estate and E’s land and building. Accordingly, it is argued that B did not have any debt excess status.

An insolvent as a requirement for revocation of a fraudulent act means that there is no debtor's ability to repay, and in particular, in a case where it is impossible to expect a voluntary repayment, repayment through compulsory execution shall be taken into account. Therefore, an important consideration is to determine whether a debtor is a small property, active property, or property that can conform to the above purpose.

It should be a lawsuit, and in calculating the obligor's active property, it should be excluded from the property which can not play a role as a joint security for the claim because it has no property value, unless there are other special circumstances.