사해행위취소
1. The part against the defendant in the judgment of the first instance is revoked.
2. The part of the instant lawsuit against the Defendant is dismissed.
1. Basic facts, the reasoning of the court’s explanation on this part of the Plaintiff’s assertion is the same as that of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.
2. The judgment of this Court
A. As a matter of principle, restitution following the cancellation of fraudulent act of the relevant legal principles shall be based on the return of the subject matter itself, and it shall be based on an exceptional return only on cases where it is impossible or considerably difficult. The title trustee is obligated to transfer the right acquired by a contract with the other party in relation to the title truster to the title truster. In the event that a deposit principal trust contract is concluded between the contributor and the account holder, the title holder is obligated to transfer the right to return the deposit to the financial institution upon the request of the contributor. Thus, if the deposit principal trust contract is cancelled due to the fraudulent act, restitution following the cancellation shall be made by transferring the deposit claim against the financial institution to the donor and ordering the financial institution to notify the transfer.
(See Supreme Court Decision 2014Da212438 Decided July 23, 2015). Meanwhile, in a case where a creditor filed a lawsuit against a beneficiary on the grounds of a fraudulent act regarding a debtor’s property against the debtor, and then the said fraudulent act was rescinded or terminated while the lawsuit is pending, and the creditor returns to the debtor by punishing the property that he/she seeks return due to the revocation of the fraudulent act, barring any special circumstance, the purpose of the lawsuit seeking revocation is already realized, and the benefit of protecting rights is no longer secured by the lawsuit, and such legal principle is subject to the lawsuit seeking revocation of the fraudulent act.