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(영문) 부산지방법원 2015.10.21 2015나41050

구상금등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The defendant asserts that he is a bona fide beneficiary with respect to this case" from 6th to 16th, of the judgment of the court of first instance. The defendant's assertion that he is a bona fide beneficiary, so the creditor who asserts revocation of the fraudulent act is not a creditor, but a beneficiary or a subsequent purchaser is a bona fide beneficiary. If the debtor's act of disposal of property constitutes a fraudulent act, it shall be based on objective and acceptable evidence when it is acknowledged that the beneficiary or the subsequent purchaser was bona fide. It is difficult to find that the defendant's assertion that the defendant's assertion that the fraudulent act or the subsequent purchaser was bona fide at the time of such fraudulent act or the subsequent purchaser's transfer registration is not sufficient (see, e.g., Supreme Court Decision 201Da13719, Jun. 11, 2015). Thus, it is difficult to find that the defendant's assertion that the defendant's assertion that the fraudulent act or the subsequent purchaser was a bona fide witness at the time of this case.

2. In conclusion, the judgment of the court of first instance is examined.