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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court’s explanation concerning this case is that “176,956,82 won” of the first instance judgment is “76,956,485 won” of the second instance judgment, and the part of the “excess of debt” of the 17th instance judgment is as stated in the reasoning for the first instance judgment, except for the addition of each share to the “excess of debt” of the 17th instance judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The Defendant asserts that the value of the instant real estate was KRW 195 million at the time of the purchase on April 5, 201 of the instant real estate by B, and that the actual claim amount of the Plaintiff’s right to collateral security established on the instant real estate is less than that of the maximum claim amount of KRW 176 million, and that the actual claim amount is less than that of the Defendant’s deposit amount of KRW 22 million, even if the Defendant’s obligation is deemed as B’s obligation, B did not have any excess of the obligation.
However, the issue of debtor's insolvency should be determined at the time of fraudulent act. Thus, if the real estate included in the debtor's active property is sold at auction after the fraudulent act occurred, the appraisal of the real estate should not be based on the successful bid price at the time of the fraudulent act, but on the basis of the market price at the time of the fraudulent act. The appraisal price calculated according to the legitimate procedure for the real estate shall also be deemed to reflect the market price unless there are special circumstances (see Supreme Court Decision 2000Da69026, Apr. 27, 2001). According to the evidence evidence No. 14, the value of the real estate of this case appraised at the time of March 29, 2013 is recognized as having been 140 million won, and according to the above, the appraisal price at the time of the above real estate was 140 million won as of the date of the purchase of the real estate of this case (as of February 5, 2011).