사해행위취소
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 court's explanation concerning this part of the judgment of the court of first instance is limited to Article 2-2 of the judgment of the court of first instance.
In addition to the application of paragraph (2), the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and such application is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. The Defendant’s assertion D was based on the following: (a) the Defendant’s subrogation for the obligation to the Korea Technology Credit Guarantee Fund of Form C; and (b) the Defendant demanded the transfer of each of the instant real estate to the Defendant; and (c) the instant donation contract was concluded.
Therefore, the actual party who entered into the instant donation contract is C and D, and the Defendant was not aware that it was not involved in the conclusion of the instant donation contract and C was liable for a large amount of debt. Therefore, it is a bona fide beneficiary.
2) Since the beneficiary's bad faith in a lawsuit seeking revocation of fraudulent act is presumed to have been presumed to be the beneficiary's bad faith in order to be exempted from liability, it shall be reasonably determined in light of the logical and empirical rules, comprehensively taking into account various circumstances such as the relationship between the debtor and the beneficiary, the circumstances or motive leading up to the act of disposal between the debtor and the beneficiary, the circumstances leading up to the act of disposal, whether there are no special circumstances to doubt that the terms and conditions of the act of disposal have been normal transaction, and the circumstances after the act of disposal, etc. (see, e.g., Supreme Court Decisions 2007Da74621, Jul. 10, 2008; 207Da74621, Apr. 14, 2006). In such cases, for the recognition of the beneficiary's good faith at the time of the fraudulent act, objective and acceptable evidence should be supported, and it shall not be readily concluded that the beneficiary had been bona fide at the time of the fraudulent act.