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 reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the following Paragraph 2, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Section 4(b) of the first instance judgment shall be added to the following.
B. Defendant’s assertion 1) Defendant’s assertion (1) as to the bona fide defense of the Defendant: (a) the Defendant assumed the obligation to collateral security against the Korea Rural Community Corporation B; (b) paid all the sales proceeds, such as taking over the obligation to secure collateral security against the Gangwon Won Credit Guarantee Foundation; and (c) was unaware of the obligation to the Plaintiff at the time of the instant sales contract; and thus, (b) the Defendant is a bona fide beneficiary as it was unaware of the obligation to the Plaintiff; and (c) was presumed to have been bad faith in a fraudulent act revocation lawsuit; (b) so, the beneficiary is responsible for proving that the beneficiary was held liable. In this case, whether the beneficiary was bona fide or not should be determined in light of logical rule, based on a comprehensive consideration of the relationship between the debtor and the beneficiary; (c) the details and motive leading up to the act of disposal between the debtor and the beneficiary; (d) whether there was any objective material supporting the normal transaction; and (e) circumstances thereafter, the beneficiary’s statement should not be determined reasonably in light of the logical rule of evidence and evidence 97.