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Case Number of the immediately preceding lawsuit
Daegu High Court 2015Na24868 ( August 17, 2016)
Title
Whether the registration of the establishment of a right to collateral security made with a debtor in excess of his/her obligation constitutes a fraudulent act
Summary
Unless there are special circumstances, the act of a delinquent debtor in excess of his/her obligation to provide real estate owned by him/her to any one of the creditors as collateral for claims constitutes a fraudulent act in relation to other creditors.
Dismissal of Disorder in Trial
Related statutes
Article 406 of the Civil Act
Cases
2016Da246978 Demurrer against distribution
2016Da246985 (Joint) Revocation of Fraudulent Act
Plaintiff-Appellee
Korea
Defendant-Appellant
AA
Judgment of the lower court
Daegu High Court Decision 2015Na24868, 2015Na24875 decided August 17, 2016
Imposition of Judgment
December 1, 2016
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
Examining the judgment of the court below and the grounds of appeal, the ground of appeal by appellant is examined.
Since it is apparent that there is no reason for falling under Article 4 of the Act on Special Cases Concerning the Law, an appeal under Article 5 of that Act
It is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.