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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasons for the conclusion of the judgment of the court of first instance concerning this case are as follows: ① delete “other than the above debts against the plaintiff” as stated in the fourth 9 of the judgment of the court of first instance; ② Between the 20th 21st am and the 21st am and the 20th am and the 21st am, “C had active properties equivalent to KRW 115,063,531 in addition to each real estate of this case as stated in the mortgage contract of this case and the donation contract of this case as stated in the table below at the time of the 20th am and the 115th am and deleted “C has donated only real estate of this case to Defendant B at the time” as stated in the 10th 4 and 5th am of the judgment of the court of first 10, and ④ “Plaintiff” as stated in the 115th am and added the judgment of the defendants as to the defendants’ assertion to the judgment of the court of first instance.
2. Additional parts
A. Defendant A’s primary debtor who jointly assumed the Defendant A’s obligation to Defendant A. Thus, Defendant A’s assertion that the fraudulent act may be constituted only when both C and E are in excess of the obligation. However, according to each of the evidence Nos. 1-2, 4-1, 10-1, and 10, Defendant A’s each of the above loan certificates can be recognized as having been written as a joint and several surety. Accordingly, Defendant A’s above assertion on a different premise is difficult to accept.
B. The Defendants asserted that C’s active property exceeds the negative property and C is not a debt excess. The Defendants asserted that C’s active property is not a debt excess.
According to the evidence evidence Nos. 11 through 14, 18, and 21, the fact that C, at the time of the instant contract for establishing a mortgage and the instant donation agreement, had a positive property equivalent to the sum of KRW 115,063,531, as stated in the column for the recognized amount of active property, as stated below, but the excess portion shall be the following table: