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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the judgment of the court of first instance as stated in paragraph (2) below. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts in height:
A. From No. 5, No. 20 to No. 6, No. 17 of the judgment of the court of first instance, the issue of the debtor's insolvency should be determined at the time of fraudulent act. Thus, in the event that real estate included in the debtor's active property is auctioned in the auction procedure after the fraudulent act, the appraisal of such real estate should not be based on the successful bid price, but on the market price at the time of the fraudulent act, and the appraisal price calculated according to the legitimate procedure should be considered as reflecting the
(See Supreme Court Decision 2000Da69026, Apr. 27, 2001). Meanwhile, in a case where a person who has a legitimate interest in repayment makes a subrogation of a part of the claim on behalf of the debtor on behalf of the debtor, the person who makes the subrogation acquires as a matter of course the rights to the claim and security held by the previous creditor to the extent
(2) According to the evidence Nos. 8-1 through 4, 12 through 14, 13-1, and 2 of the evidence Nos. 13-2, each of the following facts: ① A bank shall provide the right to collateral security of KRW 130,00,000, the right to collateral security of KRW 182,00,000, the right to collateral security of KRW 182,00,000, the right to collateral security of KRW 195,00,000, the right to collateral security of KRW 195,00,000, the right to collateral security of KRW 13,000, the right to collateral security of KRW 13,000, the right to collateral security of KRW 13,000, the right to collateral security of KRW 13,000,000, and the right to collateral security of this case to collateral security of KRW 1 through 5,201, the right to collateral security of this case.