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..
The main issue of the instant case is whether the Defendant’s good faith with respect to the instant disposition is established. Since the beneficiary’s bad faith is presumed in a lawsuit seeking revocation of fraudulent act, the beneficiary is responsible for proving his good faith in order to be exempted from his liability. In this case, whether the beneficiary is bona fide or not 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 beneficiary; (b) the details and motive leading up to the act of disposal by the debtor and the beneficiary; (c) the details and motive leading up to such act; (d) there are no special circumstances to suspect that the transaction terms and conditions of the act were normal and reasonable; and (e) there are no objective materials to support the act of disposal; and (e) circumstances after the act of disposal
The reasoning for this Court’s explanation is as follows: (a) evidence submitted by the Defendant in the trial, which is insufficient to reverse the original judgment; and (b) the reasoning for the judgment of the court of first instance is the same as the part of the reasoning for the judgment of the court of first instance, and thus, (c) it is not sufficient to reverse the original judgment.
Therefore, the judgment of the first instance court is justifiable, and the defendant's appeal is dismissed as it is so decided as per Disposition.