1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, on the grounds that the reasoning of the judgment of the court of first instance is as follows.

2. The part of the judgment of the court of first instance (hereinafter referred to as the "whether the fraudulent act is constituted" shall be written by following:

B. 1) The establishment of a fraudulent act refers to an act detrimental to the creditor by reducing the debtor's active property or increasing his/her negative property, or by deepening the fact that the debtor has already been in excess of his/her obligation. Thus, in order for the debtor to constitute a fraudulent act, it should be presumed that such act resulted in the above situation. This is true in cases where the debtor, from the beginning, assumes an obligation with the intention of having a specific creditor bear the obligation from the beginning with the objective of lending the debtor's active property claim in the form of compulsory execution to obtain the whole seizure, and the creditor prepares a notarial deed stating his/her consent to compulsory execution, and where there are special circumstances where it is deemed that the debtor transfers his/her claim to a specific creditor in substance, such as the whole seizure of the debtor's claim, and the creditor is deemed to have no different from the transfer of his/her claim to the specific creditor (see, e.g., Supreme Court Decision 2007Da61618, Jan. 15, 2009).