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(영문) 서울고등법원 2018.01.18 2017나2048773

사해행위취소

Text

1. The plaintiff's appeal is all 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.

Reasons

1. The reasons why the court stated this part of the basic facts are the same as the corresponding part of the judgment of the first instance, except for the following additional parts, and thus, they are included in the summary under the main sentence of Article 420 of the Civil Procedure Act.

On the third side of the judgment of the court of first instance, the "provisional Registration of Claim for Full Transfer Registration of Shares" shall be held as follows and "the provisional registration of this case (hereinafter referred to as "provisional registration of this case") shall be added."

2. Determination

A. The existence of the preserved claim and the grounds why the court stated this part of the establishment of the fraudulent act are as follows: (a) the 4th to 5th to 7th to the judgment of the court of first instance.

existence of preserved claims;

B. Since the establishment of fraudulent act is identical to each other, it shall be accepted by the main sentence of Article 420 of the Civil Procedure Act.

B. Determination 1 on the Defendants’ good faith defense is presumed to have been performed in a lawsuit seeking revocation of a fraudulent act by the beneficiaries, and thus, the beneficiaries are responsible for proving their good faith in order to be exempted from their own responsibility. In such cases, the good faith of the beneficiaries shall be determined reasonably in light of logical and empirical rules, comprehensively taking into account the following: (a) the relationship between the debtor and the beneficiaries; (b) the details and motive leading up to the act of disposal between the debtor and the beneficiaries; (c) the details and motive leading up to the act of disposal; (d) there are no special circumstances to doubt that the terms and conditions of the act of disposal are normal transaction; and (e) there are no objective materials to support the act of disposal; and (e) circumstances after the act of disposal; and (e) whether there was negligence in the beneficiaries’ good faith or not (see, e.g., Supreme Court Decisions 2007Da74621, Jul. 10, 2008; 2016Da14539, Jul. 14, 2016).