[2] Whether the fault of the beneficiary's good faith is at issue in a lawsuit seeking revocation of a fraudulent act (negative)

Since the beneficiary's bad faith is presumed in a lawsuit seeking revocation of fraudulent act, the beneficiary is responsible for proving 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 various circumstances, such as the relationship between the debtor and the beneficiary, the details of and the background or motive for the act of disposal between the debtor and the beneficiary, the circumstances leading to the act of disposal, whether there are no special circumstances to suspect the act of disposal, and whether there are objective materials supporting

According to the judgment of the court below, the court below affirmed the judgment of the court of first instance which accepted the claim for revocation of the fraudulent act against the defendant on the ground that the evidence submitted by the defendant alone is insufficient to deem that the presumption of bad faith against the defendant was reversed with respect to the defendant's defense, which is a bona fide beneficiary, and that there is no other evidence to acknowledge it.

However, according to the records, the non-party 2, who arranged the bond transaction of this case between the defendant and the debtor, was unaware of the debtor by the method of ordinary bond transaction with the advertisement of non-party 2, who is the registered credit service provider. The real estate of this case at the time was not set other security rights than the right to collateral security in the name of the savings bank under the name of the debtor, and the above real estate was sold in the voluntary auction procedure with the above priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority interest amount of 1,165,30,00 won and the above priority priority priority priority priority priority priority priority interest amount (5,725,637 won) and the defendant's collateral security interest amount (115,000,000,000 won) and the defendant's collateral security interest amount of 30,000 won and 40,000 won, which are not yet known to the debtor's family members.

Nevertheless, the court below's rejection of the defendant's defense, which is a bona fide beneficiary, without any specific statement, is erroneous in the misapprehension of legal principles as to the beneficiary's bad faith or in fraudulent act, which affected the conclusion of the judgment.

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cha Han-sung (Presiding Justice)