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(영문) 서울고등법원 2016.04.29 2015나2044869
구상금 등
Text

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 court's explanation concerning this case is the same as the entry of the first instance court's decision, except where the part concerning the defendant of the first instance court's decision is used again as follows. Thus, the court's explanation as to this case is accepted by the main sentence of Article 420 of the Civil Procedure Act.

2. No more than 4 pages 7 of the judgment of the first instance shall be followed in the following cases:

3. Determination as to claim against the defendant

A. Unless there are special circumstances, an obligor’s act of providing real estate owned by him/her to a person among creditors who are in excess of his/her obligation as a claim security constitutes a fraudulent act as a result of the reduction of joint security by other creditors, barring special circumstances (see, e.g., Supreme Court Decision 2009Da100371, Oct. 25, 2010). In this case, the beneficiary’s bad faith is presumed to have been presumed (see, e.g., Supreme Court Decision 2009Da10371, Oct. 25, 2010). As to the instant case, the establishment registration of a mortgage was completed as to real estate listed in the separate sheet, which is the only property of the Defendant, in order to secure the Defendant’s obligation for the payment of goods to the Defendant under excess of the obligation of the obligation of

B. The defendant's defense asserts to the effect that the defendant had no intention of deception since he had supplied the products equivalent to KRW 80 million to A and urged them to pay the price on several occasions, and completed the registration of the establishment of the creation of the neighboring mortgage of this case for the purpose of preserving the claim.

In other words, the intention of deception in fraudulent act is to make it impossible to fully satisfy the creditor's claims due to the deficiency in the joint security of claims by the debtor's act of disposing of property or the lack of the joint security already in the state of shortage.

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