사해행위취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The court's explanation of this part of the judgment on the cause of the claim is the same as the part of "1. Judgment on the cause of the claim" among the grounds of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure
2. Determination as to the defendant's bona fide defense
A. The defendant's assertion was merely a normal purchase of the instant real estate, and did not know that the instant sales contract would prejudice the creditor.
B. Determination 1) Since the beneficiary's bad faith is presumed to be the beneficiary's bad faith in a lawsuit seeking revocation of a fraudulent act, the beneficiary is liable to prove his/her good faith in order to be exempted from his/her responsibility. In this case, whether the beneficiary is bona fide or not shall be determined reasonably in light of the logical and empirical rules, comprehensively taking into account the following circumstances, such as the relationship between the debtor and the beneficiary, the details of the act of disposal between the debtor and the beneficiary, the background or motive leading up to such act, the terms and conditions of the act of disposal, whether there are objective materials to support the normal transaction, and circumstances after the act of disposal, etc. (see, e.g., Supreme Court Decision 2007Da74621, Jul. 10, 208). < Amended by Act No. 1, 3, 4, 5, 6, 7, 9, 9, 10, 11, 13, 16, 21, 223, 246
① On April 20, 2014, three months prior to the conclusion of the instant sales contract, C, which was delegated by B to sell the instant real estate, posted a notice to sell the instant real estate on the Internet real estate car page. A real estate agent H, who was delegated by C to intermediate the instant real estate, sells the instant real estate at KRW 280 million around that time.
② The owner of the instant real estate was registered as D.