구상금 등 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The grounds for the part corresponding to the defendant in the judgment of the first instance among the judgments shall be cited as the grounds for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act;
However, the judgment on the defendant's argument is added as follows.
2. In addition, the Defendant accepted the Defendant’s will of donation B even in this court, and completed the registration of ownership transfer on the instant real estate, and at the time, was in excess of B’s obligation.
The defendant asserts that the defendant is a bona fide beneficiary since he did not know that he was responsible for a major debt in the near future.
Since the beneficiary's bad faith is presumed in a fraudulent act revocation lawsuit, the beneficiary is responsible for proving his good faith in order to be exempted from his responsibility.
In such a case, the good faith of a beneficiary shall be determined reasonably in light of the logical and empirical rules, comprehensively taking into account the following: (a) relationship between the debtor and the beneficiary; (b) the details of and the background or motive for the act of disposal between the debtor and the beneficiary; (c) whether there are no special circumstances to doubt that the terms and conditions of the act of disposal are normal and reasonable; and (d) whether there
Furthermore, in order to recognize that the beneficiary was bona fide at the time of the fraudulent act, objective and acceptable evidence, etc. should be supported. On the basis of the debtor’s unilateral statement or a statement that is merely a third party’s abstract statement, etc., the lower court should not readily conclude that the beneficiary was bona fide at the time of the fraudulent act (see, e.g., Supreme Court Decision 2013Da206986, Nov. 28, 2013). In this case, the following circumstances, which are acknowledged by comprehensively taking into account the health class and the overall purport of the arguments, namely, ① even if the defendant’s assertion is based on the defendant’s assertion, B maintains close relationship as the defendant’s faith, ② the donation of this case in this case is special.