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The judgment of the court below is reversed, and the case is remanded to Busan District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. In calculating active property in order to judge whether or not a debtor's insolvency is the debtor in a lawsuit seeking revocation of a fraudulent act, the property which has no property value and is not able to serve as a joint security for claims shall be excluded, except under special circumstances, and in case that the property is a claim, it shall be included in active property only if it is reasonably affirmed that the property is able to
This also applies where the property is a beneficial right to trust property.
(See Supreme Court Decision 2004Da58963 Decided January 28, 2005, etc.). Meanwhile, the value of the right to benefit with respect to the trust property is deducted from the value of the trust property anticipated at the time when the future trust is terminated, and the remaining amount after deducting the debts owed to the priority beneficiaries, shall be assessed at the current price discount at the time of the fraudulent act. The value of the right to benefit with respect to the trust property shall not be assessed on the basis of the market value of the trust property at the time of the fraudulent act (see, e.g., Supreme Court Decision 2012Da14449, Oct. 31, 2013).
From March 17, 2009, the Plaintiff began to supply ready-mixeds, etc. to B Co., Ltd. (hereinafter “B”), and B purchased on September 25, 2009, the Plaintiff purchased the Plaintiff’s Dabu-gu, Busan (hereinafter “instant land”) and completed the registration of ownership transfer on the same day.
B. B, based on the trust in the future of Defendant KB real estate trust Co., Ltd. (hereinafter “KB real estate trust”), the Plaintiff completed each registration of ownership transfer on December 24, 2009 with respect to the Gu-U.S. D large 400 square meters (hereinafter “Gu-U.S.”) and on the instant land on March 30, 2010.
C. The Plaintiff paid the price of ready-mixed, etc. to Busan District Court.