손해배상 등 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation of the instant case is as follows: (a) other than additional determination as to the allegations emphasized by the Plaintiff in this court, the reasoning of the judgment of the first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act; and (b) thus, (c) the same shall be cited
2. Additional determination
A. The plaintiff's assertion is that the defendant concluded the donation contract of this case in collusion with D where a large amount of debt is borne by the plaintiff, and completed the registration of ownership transfer of the real estate of this case in his name, which constitutes a tort as a third party's claim infringement.
Therefore, the defendant shall compensate the plaintiff for the damages incurred thereby.
B. Generally, the infringement of a claim by a third party may constitute a tort, but the infringement of a claim by a third party does not always constitute a tort, but the establishment of a claim should be determined by specifically examining the form of the infringement of a claim. If a third party’s act of reducing a debtor’s liability property makes it impossible or difficult for the creditor to execute or satisfy the claim, it may constitute a violation of a claim. However, the mere fact that the third party’s act is merely involved in the reduction of the debtor’s property to constitute a tort against the creditor is insufficient, and the third party actively conspired with the debtor with the knowledge of the existence of the creditor against the debtor and the infringement of the claim.
The intention, negligence, and illegality of the infringement should be recognized, such as the use of unlawful means against the social norms or the intent to interfere with the exercise of claims. Here, the illegality of the infringement of claims should be determined individually by taking into account the content of the infringed claim, the form of the infringement, the intent of the infringer, or the existence of the year, etc., but the need to guarantee the freedom of transactions.