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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Attached real estate to the judgment of the first instance.
Reasons
1. The reasoning for this Court’s explanation is that the corresponding part of the judgment of the court of first instance is the same as that of the judgment, except for the following modifications. As such, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part 3 of the judgment of the first instance court shall be amended to " February 25, 2012" in Part 1 as " February 25, 201."
(b) the third part of the judgment of the first instance [the grounds for recognition] shall be amended as follows:
[Ground of Recognition] In without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 3, 12-1, 2, 13, and 17, each entry of evidence Nos. 3, 12-1, 2, 13, and 17, the result of a request for market price appraisal to the International Certified Appraisers' Office of the court of first instance, the purport of
2. The gist of the Plaintiff’s assertion was that the Plaintiff had a claim for the construction cost against C, but C’s selling the instant real estate, the sole property of which was the property of C in excess of its obligation, to the Defendant, his/her dependent, should be revoked as a fraudulent act. The Defendant is liable to pay the Plaintiff the money equivalent to the claim for the construction cost and the damages
3. The judgment of this Court
A. 1) Determination as to the occurrence of obligee’s right of revocation is based on the above basic facts as to the cause of the claim. According to the above basic facts, the Plaintiff was holding C with a claim for construction cost under the construction contract concluded around May 2010, which was incurred before January 20, 2012, at the time of the conclusion of the instant sales contract, as monetary claims arising before January 20, 2012.
B) The intention of fraudulent act and piracy (1) active property (i) shall be excluded from positive property calculated in order to determine the debtor's insolvency in a lawsuit seeking revocation of a fraudulent act, any property that has no substantial property value and is not able to serve as joint security for claims, except in extenuating circumstances. In the event that such property is a claim, it shall be reasonably affirmed that it is certain that it can be easily repaid.