logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.01.31 2017가단52391
사해행위취소
Text

1. The plaintiff's claim against the defendant is all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In a case where a debtor’s act of reducing liability property causes or deepens the shortage of common security for general creditors, whether such act constitutes a fraudulent act subject to revocation ought to be determined based on whether the act ultimately constitutes an act detrimental to general creditors, by comprehensively taking into account the following circumstances: (a) the weight of the debtor’s entire responsible property in the context of a fraudulent act; (b) the degree of insolvency; (c) the justification and means of economic purpose of a juristic act; (d) the reasonableness of the act in question; (e) the reasonableness of the act’s economic purpose and its means of realization; and (e) the degree of the party’s awareness of risks

(1) In cases where a debtor in excess of his/her obligation provides his/her own real estate to any one of the creditors, barring any special circumstance, it constitutes a fraudulent act in relation to other creditors, but it is the best way for a debtor to continue his/her business by financing funds in a situation in which it is difficult to continue his/her business due to financing, and where the debtor provided real estate as security to a specific creditor and received new funds additionally from him/her, barring any special circumstance, the debtor’s act of creation of security right does not constitute a fraudulent act (see, e.g., Supreme Court Decisions 200Da5015, May 8, 2001; 201Da93746, 93753, Mar. 27, 2014; 2015Da3905, Sept. 23, 2016).

Gap 2, 4, and 201.3.

arrow