logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.06.13 2018나47943
사해행위취소 등
Text

1. The plaintiffs' appeal and the plaintiffs' claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The court's explanation of this part of the basic facts is identical to the corresponding part of the grounds for the judgment of the court of first instance (as stated in Chapter 9 to Chapter 6). Thus, it shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the first selective claim

(a)a Party’s assertion; and

B. The reasons why this court should explain this part of the facts of recognition are as stated in each corresponding part of the reasons for the judgment of the first instance except for the addition of “A shall bear the expenses for the application for registration by this reservation of Article 6, and the registration tax,” between the fourth and twenty-five of the judgment of the first instance. Therefore, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

C. 1) Determination 1) In a case where a debtor in a situation in which it is difficult to continue a business due to financing is the best way to have the ability to repay his/her obligations by financing funds, and where the debtor provided a specific creditor with property under his/her responsibility as security and received new funds from him/her to lend funds, barring any special circumstance, the act of creating security rights by the debtor does not constitute a fraudulent act (see, e.g., Supreme Court Decision 2008Da42874, Oct. 23, 2008). Where the principal registration has been completed on the basis of provisional registration, unless the legal act which is the cause of provisional registration and the legal act which is the cause of principal registration are clearly different, whether the requirements for fraudulent act are satisfied should be determined at the time of the legal act that is the cause of provisional registration (see, e.g., Supreme Court Decisions 9Da2515, Apr. 9, 199; 200Da7377, Jul. 27, 2001).

arrow