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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. Quotation of the first instance judgment
A. Even if the evidence submitted in the first instance court and the trial court are examined, the findings of fact and judgment in the first instance court are recognized as legitimate.
B. Therefore, the reasoning for the statement in this case is as follows, and it is so accepted by the main text of Article 420 of the Civil Procedure Act, since the reasoning for the statement in this case is the same as the reasoning of the judgment of the first instance.
2. The addition;
A. The defendant asserts that the presumption of bad faith is reversed as the main reason for appeal.
(b) Since the beneficiary's bad faith is presumed in a lawsuit seeking revocation of fraudulent act, in order to be exempted from its responsibility, the beneficiary shall bear the burden of proving his good faith.
In such a case, whether a beneficiary acted in good faith shall be determined reasonably in light of logical and empirical rules, comprehensively taking into account various circumstances, such as the relationship between the debtor and the beneficiary, the details of and the background or motive for the act of disposal between the debtor and the beneficiary, whether there is any special circumstance to doubt that the terms and conditions of the act of disposal are normal and reasonable, and whether there is objective evidence supporting the act of disposal
(1) In order to recognize that a beneficiary was bona fide at the time of such fraudulent act, there is no need to conclude that the beneficiary was bona fide at the time of such fraudulent act (see, e.g., Supreme Court Decisions 2007Da74621, Jul. 10, 2008; 2007Da5710, Apr. 14, 2006; 2009Da604666, Jul. 22, 2010).
In full view of the circumstances described below in the judgment of the court of first instance as to the instant case, the Defendant’s sales contract of this case reduced D’s general liability property and other creditors, including the Plaintiff, etc.