사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for the case being cited or added by the court of first instance as follows, thereby citing this case as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(A) According to the evidence duly adopted and examined by the court of first instance, the fact-finding and determination by the court of first instance are justifiable, and there is no error as alleged by the plaintiff as the grounds for appeal). Each of the acts of first instance Nos. 15 and 16 of first instance judgment “No. 12, 2015” shall be deemed as “No. 1, 2015.” (A evidence No. 13, No. 3-1, No. 3-2). The third-party No. 15 through No. 21 of the first instance judgment shall be deemed as follows.
"Brut act" means an act detrimental to the creditor by causing excessive state of debt or deepening the status of debt excess by reducing active property or increasing negative property.
(See Supreme Court Decision 200Da7783 Decided October 25, 2002). As examined in the above basic facts, B entered into the instant contract with the Defendant, who is the spouse, to transfer without compensation the claim for refund of the lease deposit equivalent to KRW 470,00,000, which was owned by the Plaintiff, and came into a status in excess of the obligation after being notified of the disposition of increase in capital gains tax in October 1, 2015 in an amount equivalent to KRW 834,922,570 from the Plaintiff on October 1, 2015 (Evidence 4).
Therefore, it is reasonable to view that B engaged in fraudulent act, such as entering into the instant contract with the intent to harm its general creditors, including the Plaintiff.
In addition, in a lawsuit seeking revocation of a fraudulent act, the beneficiary’s bad faith is presumed (see Supreme Court Decision 2016Da272311, Apr. 10, 2018). Thus, barring any special circumstance, the defendant, who is the spouse and beneficiary of B, is a fraudulent act against the general creditors of B and the instant case.