공동저당물 중 일부의 처분으로 인한 사해행위 성립 여부 판단 및 원상회복 방법 ―공동저당물 또는 공유지분의 일부는 채무자의 소유이고, 일부는 물상보증인 또는 제3취득자 소유일 경우의 법률관계를 중심으로―

The scope of the subject of revocation of fraudulent act, on which a set of security rights has already been established, is limited to the deduction of the claim secured from the objects. When one of several properties on which consolidated mortgage has been established is disposed or when the partial shares of it are disposed after a security right has been set on the whole object, it is subject to the fact that the deduction of the claim secured from the price of objects exceeds general creditor's claim amount whether fraudulent act is established or not. Therefore it should be discussed whether the claim secured which is about to be deducted from one of several mortgaged property refer to all the claim secured of the consolidated mortgage or the claim secured be divided proportionately according to the amount of the price of each object. The Supreme Court decided that when some of several mortgaged property belong to the debtor and the other belongs to the person who has furnished his/her own property as security for another's obligation, the claim secured -deducted from one of the property- should cover all the claim secured of the consolidated mortgage. This paper explores some issues concerning the latest Decision of the Supreme Court including the legal position of the person who has furnished his/her own property as security for another's obligation and the validity of the Decision on the assessment of claim secured. In the case of monetary compensation, also, the same calculation method can be applied.