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(영문) 의정부지방법원 2017.04.06 2016나4113
사해행위취소
Text

1. The judgment of the court of first instance is modified as follows.

Each real estate indicated in the separate sheet between the defendant and the non-party B.

Reasons

Basic Facts

The reasoning of this Court is that the reasoning of the judgment of the court of first instance is the same as that of the relevant part of the judgment of the court of first instance.

The plaintiff's credit card use-price claim against B, which is recognized in the facts based on the preserved claim, becomes the preserved claim of the obligee's right of revocation.

In a case where a debtor’s act of reducing liability property, thereby inducing or deepening the shortage of common security for general creditors, whether such act constitutes a fraudulent act subject to revocation of creditor should be determined by comprehensively taking into account the following circumstances: (a) whether the subject matter of a fraudulent act constitutes a fraudulent act subject to revocation of creditor’s entire liability property; (b) the degree of insolvency; (c) the justification and means of economic purpose of a juristic act; (d) the reasonableness of the pertinent act, which is the means to realize the economic purpose of a juristic act; (e) the reasonableness of the pertinent act; (e) the reasonableness of the duty to perform; and (e) the degree of perception of the parties

(see, e.g., Supreme Court Decision 2007Da2718, Sept. 30, 2010). Meanwhile, in the event that real estate subject to mortgage is transferred by fraudulent act, such fraudulent act is established within the extent of the value of the real estate, i.e., the balance obtained by deducting the secured claim amount of mortgage in the

(see, e.g., Supreme Court Decision 200Da42618, Oct. 9, 2001). B’s property details (including serial numbers) Nos. 4, 5, 12, 13, 16, 18, and the financial transaction information to the Korea Federation of Banks in the first instance (hereinafter “Korea Federation of Banks”) and the overall purport of pleadings is added to the result of the order to submit financial transaction information to a new bank company in the first instance (hereinafter “new bank”).

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