사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the judgment as to the part of the plaintiff's assertion and the part of the new assertion at the court of first instance as to this case, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.
2. The Plaintiff asserts that the attached portion of the Plaintiff remitted KRW 525,00,000 in total to the account in the name of the Defendant as shown in the attached list, which constitutes a monetary donation to each Defendant, and that the donation of money to the Defendant under excess of the obligation constitutes a fraudulent act, and thus, each of the above gift contracts concluded between B and the Defendant should be revoked.
In order for a debtor to have concluded a donation contract with respect to money remitted to another person's deposit account, it shall be interpreted that there is an agreement with the debtor to grant such money free of charge by "donation" so that it can be reverted to another person ultimately with the debtor and another person.
In addition, the burden of proving that the above remittance is a fraudulent act subject to creditor's right of revocation.
(see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). Although multiple remittances were made from B and B, the amount equivalent to the transferred money was returned to B or a third party directed by B and the Defendant’s communal living expenses were used. Thus, it is difficult to deem that B had an intent to gratuitously revert the total amount of remittance to the Defendant.
In light of the legal principles of the burden of proof as seen earlier, the same shall also apply to cases where the source of use of some of the remitted money was not revealed, barring any special circumstances.
In addition, the plaintiff is the plaintiff.