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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined.
1. As to the ground of appeal No. 1, the lower court determined that the act of trusting the name of the Defendant with respect to the deposit in the instant account under the name of the Defendant to the effect that the right to claim the return of the money deposited in the instant account under the name of the Defendant belongs to the Defendant in an external relationship with a financial institution or a third party, constitutes a fraudulent act, as it reduces the property liable to the Defendant
The judgment below
In light of the relevant legal principles and records, the judgment of the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there is no error of law such as misunderstanding of legal principles as to the existence of a private interest in a trust agreement of deposit holders,
2. Regarding ground of appeal No. 2
A. As a matter of principle, restitution following the revocation of a fraudulent act shall be based on the return of the subject matter itself, and the return of value shall be based on exceptional cases where it is impossible or considerably difficult.
In cases where the return of the original object is impossible or considerably difficult, it does not mean only where the return of the original object is an absolute and physical impossibility, but also includes cases where the creditor is unable to expect the realization of the performance from the beneficiary or subsequent purchaser in light of the empirical rules of social life or the concept of transaction.
(See Supreme Court Decision 97Da58316 Decided May 15, 1998, and Supreme Court Decision 2007Da63102 Decided March 26, 2009). A title trustee has a duty to transfer the right acquired under a contract with the other party to the title truster in relation to the title truster. In a case where a title truster agreement is concluded between the contributor and the deposit holder, the title trustee shall be deemed to have a duty to transfer the right to return the deposit to the said financial institution upon the request of the contributor, so the title trustee shall be deemed to have a duty to transfer the right to return the deposit to the contributor upon the request of the contributor.