구상금
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 reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for cases of dismissal or addition as follows. Thus, this is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Of the text of the first instance judgment, “Defendant A” or “Defendant A” shall be deemed to be “Nonindicted Party A,” and “Defendant C” shall be deemed to be “Defendant”, respectively.
In the fourth sentence of the judgment of the court of first instance, the term “Defendant C and the sales contract” in the fourth sentence of the judgment of the court of first instance shall be construed as “the sales contract with the Defendant C set at KRW 240,000,000.”
In the fourth sentence of the judgment of the first instance, "A Da 6 or 13 (including each number)" shall be added to the evidence of recognition of the defendant and "K's testimony".
Of the 5 to 8 pages of the first instance judgment, “3. A. B. C. judgment on Defendant C shall be made as follows.”
3. Determination as to Defendant C
A. At the time of the instant sales contract, the existence of the preserved claim has already occurred due to Nonparty A’s delinquency in paying the principal and interest of the loan, and thus, the Plaintiff’s right of revocation is the preserved claim.
B. 1) The establishment of a fraudulent act is that the debtor sells real estate, which is the only property, and alters the sale of real estate into money which is easily consumed (see, e.g., Supreme Court Decisions 9Da2515, Apr. 9, 199; 2002Da62036, Mar. 25, 2003). In light of the above legal principles, the sale of the real estate in this case, which is the only property of the debtor, to the defendant under excess of the debt, constitutes a fraudulent act, as the sale of the real estate in this case, which is the only property of the debtor, and the sale of the real estate in this case to the defendant, constitutes a fraudulent act, and the intention of the debtor is recognized as well, and the defendant's bad faith is presumed as the beneficiary.2) The debtor and the defendant are presumed as above.