In addition to creditors who exercise the right to revoke a fraudulent act, it is wrong to determine that the debtor's debt has a financial ability to repay even if it is not sufficient to repay all of the debt separately.

According to evidence, even though the debtor's debt is not sufficient enough to repay all of his/her debt, it is erroneous to recognize that the debtor has the ability to perform his/her debt outside of the scope of the debtor's right to revoke the fraudulent act.

Article 406 of the Civil Act

Korea

Defendant 1 and two others

Jinju support in the first instance, Daegu High Court Decision 69Na481 delivered on May 19, 1970

The original judgment is reversed, and the case is remanded to the Daegu High Court.

The grounds of appeal by the plaintiff performer are examined.

According to the reasoning of the judgment below, since the plaintiff's assertion that the non-party 2 had an intention to cancel the registration of ownership by using the above non-party 1's fraudulent act, and the non-party 2's remaining property should not be liquidated due to the debtor's insolvency, and the non-party 1's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 6's non-party 2's non-party 6's non-party 2's non-party 6's non-party 2's non-party 6's non-party 2's non-party 1's non-party 6's non-party 2's non-party 1's non-party 6's non-party 2's non-party 2's non-party 6's non-party 2's non-party 6's non-party 3's non-party 6's non-party 2's non-party 2's non-party 6's non-party 6's non-party 2's non-party 2's non-party 6's non-party 6's non-party 2'.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench, without further proceeding to decide on the remaining grounds of appeal and on the reversal and return of the original judgment.

Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)