청구이의
The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.
after the filing of an appeal.
1. The court's explanation on this part of the basic facts is the same as the part on "1. Basic Facts" among the grounds of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The gist of the Plaintiff’s assertion is that the Plaintiff paid KRW 125,00,00 to E Co., Ltd. (hereinafter “E”) on behalf of D (F as a representative in the name of F) and paid KRW 125,00,00 to E Co., Ltd. (hereinafter “E”), and the actual amount of the claim to be transferred at the time of the transfer of the instant claim was KRW 1,50,000,000,000; however, the Defendant’s seizure of the Plaintiff’s real estate and deposit account, and the Plaintiff’s credit rating and conclusion of a contract with the two parties, and the Plaintiff paid KRW 50,00,000 to the Defendant at the request of the Defendant, and prepared and completed the instant fair deed. Since the instant fair deed is null and void pursuant to Article 104 of the Civil Act, the Plaintiff’s execution of the said fair deed should be entirely excluded (the Plaintiff’s debt owed to D on account of exempted debt acceptance at the first instance trial, and thus, the Plaintiff’s assertion that the aforementioned fair deed should remain void.
A. An unfair legal act stipulated in Article 104 of the Civil Act is established when there exists an objective imbalance between benefit and benefit in return, and a transaction which has lost balance as such subjectively takes place by means of gambling, rashness, or inexperience of the victimized Party. The purpose is to regulate gambling, rash, or influence of a person who is in the socially weak position.
The requirements for the establishment of an unfair legal act are not all required, but only a part of those requirements are sufficient.