사해행위취소 등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the court of first instance, except where the following contents are added after the three-dimensional 10 of the grounds of the judgment of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
“The Defendant asserted to the effect that the Defendants were bona fide beneficiaries who did not know the circumstances that the Defendants would harm other obligees. However, in a lawsuit seeking revocation of a fraudulent act, the beneficiary bears the burden of proving himself/herself, and in order to recognize that the Defendants were bona fide at the time of the fraudulent act, evidence, etc. must be supported by objective and objective evidence, etc., and it should not be readily concluded that the Defendants were bona fide at the time of the fraudulent act solely based on the obligor’s unilateral statement or a statement that was merely a third party’s explanation (see, e.g., Supreme Court Decision 2004Da61280, Jul. 4, 2006). The evidence submitted by the Defendants alone is insufficient to acknowledge that the Defendants were bona fide beneficiaries, and there is no evidence to acknowledge that the Defendants were bona fide beneficiaries after the fraudulent act.”
2. In conclusion, the judgment of the court of first instance is just, and the defendants' appeal is dismissed as it is without merit.