logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.12.06 2017나311662
사해행위취소등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition of the following '2. Additional Judgment' as to the argument that the defendant emphasizes in this court, and thus, it is acceptable as it is in accordance with the main sentence

2. In a lawsuit seeking revocation of a fraudulent act (whether the defendant is a bona fide beneficiary), the beneficiary bears the burden of proving that the beneficiary was unaware of the fact that the beneficiary was the fraudulent act. In such a case, if the beneficiary was bona fide at the time of the fraudulent act, there should be objective and acceptable evidence, etc., and only the debtor's unilateral statement or a statement that is merely a third party's abstract statement, it should not be readily concluded that the beneficiary was bona fide at the time of the fraudulent act (see, e.g., Supreme Court Decision 2004Da61280, Jul. 4, 2006). The defendant asserted that the beneficiary was a bona fide beneficiary because he was unaware of the circumstances that excess of the debt of B at the time of the agreement on the division of inherited property of this case or that B would harm the general creditors by waiver of the inheritance shares, but the evidence submitted by the defendant alone is insufficient to acknowledge the above facts, and there is no other evidence to prove it otherwise.

The defendant's above assertion is without merit.

3. The judgment of the court of first instance is justifiable, and the defendant's appeal is dismissed. It is so decided as per Disposition.

arrow