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(영문) 제주지방법원 2018.05.16 2017나11742

사해행위취소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Grounds for this Court to be stated in this part of the basic facts are two pages of the judgment of the first instance.

In addition to the provisional seizure of the “attached Form 3, 4, and 5 real estate recorded in the list” as “provisional seizure of the attached Table 1, 3 real estate recorded in the list,” the corresponding part of the judgment of the first instance is the same as that of the judgment of the court of first instance. Therefore, it shall be cited pursuant to the main sentence of

2. Determination

A. The existence of the preserved claim and the reason why the court’s establishment of the fraudulent act is stated in this part is as stated in the records from 8 to 19 of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Determination 1 on the Defendant’s bona fide defense is presumed to be a beneficiary’s bad faith in a lawsuit seeking revocation of a fraudulent act, and thus, the beneficiary is liable to prove his/her good faith in order for the beneficiary to be exempted from his/her responsibility. In such cases, whether the beneficiary was bona fide or not shall be determined reasonably in light of logical and empirical rules, comprehensively taking into account various circumstances, including the relationship between the debtor and the beneficiary, the details and motive leading up to the act of disposal between the debtor and the beneficiary, the circumstances leading up to the act of disposal, the existence of objective data supporting the act of disposal, and the circumstances after the act of disposal, etc., as a whole, in light of the aforementioned legal principles, it is reasonable to view that the Defendant did not know that there was a beneficiary’s bona fide negligence (see, e.g., Supreme Court Decisions 2007Da74621, Jul. 10, 2008; 2013Da202465, Jul. 14, 2016).

(1) The defendant shall not be less than KRW 300,000 to C.