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(영문) 부산고등법원 (창원) 2018.05.03 2015나23867
사해행위취소
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The court's explanation of the acceptance of the judgment of the first instance

1. The basic facts and

2. The Plaintiff’s assertion is identical to the pertinent part of the reasoning of the judgment of the first instance (from March to 11, 200). As such, the Plaintiff’s assertion is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. In order to exercise the obligee’s right of revocation, there should be objective requirements, and there should be legal acts detrimental to the obligor’s obligee under insolvent, and subjective requirements requires the obligor’s intention, beneficiary, or subsequent purchaser’s bad faith.

Of them, the obligor’s intent is to recognize the fact that there is a risk that the obligee may face a shortage of joint collateral in relation to the general obligee and thus make it difficult for the obligee to receive reimbursement of the claim (see Supreme Court Decision 2007Da63102, Mar. 26, 2009). The obligee bears the burden of proving the risk.

B. First of all, we examine whether the obligor E has an intention to harm.

Considering the above basic facts and evidence Nos. 3, 1 through 3, and 5 through 7 and the following circumstances acknowledged by comprehensively taking account of the overall purport of the pleadings, it is insufficient to recognize that only the descriptions of evidence Nos. 1 through 6 on each of the real estate listed in the separate sheet No. 1 through 6 (hereinafter “each of the instant real estate”) is liable for damages to the Plaintiff at the time of the pre-contract for termination of title trust and the termination of title trust (hereinafter “instant juristic act”), and further, it is insufficient to recognize that the instant juristic act has recognized that the Plaintiff was liable for damages due to the lack of common security of the general creditors, and there is no other evidence to prove otherwise.

1. Loans related to preserved claims asserted by the plaintiff are all five loans from January 27, 2006 to January 31, 2007 when loans have occurred.

E retired from A on September 10, 2007, and the decision of business suspension against A is made on December 28, 2012.

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