구상금등
1. The part against the Defendants in the judgment of the first instance shall be revoked.
2. All of the Plaintiff’s claims against the Defendants.
1. The reasoning for the court’s explanation of this case is as follows: (a) the part of the judgment of the court of first instance, “.... the judgment of the Defendants’ good faith is not more than the part of the judgment of the court of first instance,” and the corresponding part of the judgment as to the Defendants of the judgment of the court of first instance is the same as the relevant part of the judgment of the court of first instance, and thus, (b) the same shall be
2. The part used in the trial to revoke a fraudulent act of the Defendants’ good faith is presumed to be a beneficiary’s bad faith, and thus, the beneficiary is obligated to prove his/her good faith in order to be exempted from his/her liability. In this case, the good faith of the beneficiary shall be reasonably determined in light of the logical and empirical rule, comprehensively taking into account the following: (a) the relationship between the debtor and the beneficiary; (b) the details of the act of disposal between the debtor and the beneficiary; (c) the background or motive leading up to the act of disposal; (d) whether there are no special circumstances to doubt that the terms and conditions of the act of disposal are normal transaction; and (e) there are no objective materials to support the act of disposal; and (e) the circumstances after the act of disposal (see Supreme Court Decision 2007Da74621, Jul. 10, 2008).
In full view of the testimony and arguments by J of the first instance trial, ① entering into a sales contract with Defendant D, the representative director of Defendant E Co., Ltd. on March 4, 2014; ② KRW 123 million with respect to the instant real estate 1, the buyer D, the purchase price of KRW 100,000 for KRW 10,000 for KRW 10,000 for KRW 123,000 for the instant real estate (the contract amount of KRW 51 million shall be paid on the contractual date, and the balance shall be paid after the settlement of the remainder of the obligation; the buyer’s right to collateral security shall be succeeded to the buyer’s ownership until March 4, 2014 for the instant real estate 2; and the buyer’s purchase price and KRW 38,600,000 for the instant real estate 2.