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(영문) 대법원 2017.10.26 2017다241314
사해행위취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).

The court shall determine whether the assertion of facts is true in accordance with logical and empirical rules, based on the principle of social justice and equity, with a free evaluation of evidence, taking into account the purport of the entire pleadings and the result of the examination of evidence (Article 202 of the Civil Procedure Act). The facts duly confirmed by the court of final appeal that the original judgment does not exceed the bounds of

(Article 432 of the same Act). On the grounds indicated in the reasoning of the judgment of the court of first instance that partially accepted and partially dismissed, the court below acknowledged that the Defendants did not know that the instant sales contract between B and C Co., Ltd., the debtor at the time of the establishment of each right to collateral security on each of the instant real estate, was detrimental to the creditors of B including the plaintiffs.

The allegation in the grounds of appeal is merely an error of the selection of evidence and the judgment of value of evidence belonging to the free trial of the fact-finding court, which is the purport of disputing the fact-finding that led to such judgment

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the relevant legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on presumption of bad faith and certification of good faith, etc., failing to exhaust all necessary deliberations, or exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

The Supreme Court precedents cited in the grounds of final appeal are different from this case, and thus are inappropriate to be invoked in this case.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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