1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

1. The reasoning of the court’s explanation concerning this case is as follows, except for the addition of the judgment on the allegations added or emphasized by the Defendants in this court, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the text of Article 420 of the Civil Procedure Act.

2. The defendants' assertion and judgment related to the defendants' active property B

A. It is unreasonable to consider the Defendants’ active properties as the Defendants’ assertion B’s claim that amounting to KRW 163,686,30,00 in total against H, I, J, K, and L (hereinafter “B’s claim against H”).

B. In calculating active property to determine the debtor's insolvency in a lawsuit seeking revocation of a fraudulent act, active property should be excluded, unless there are special circumstances, from the property that has no substantial property value and is not able to serve as a joint security for claims. In the event that the property is a claim, it should be included in active property only if it is reasonably affirmed that the property is able to be reimbursed

(Supreme Court Decision 2012Da111401 Decided December 12, 2013). The Defendants’ assertion that B’s claims against H, etc. should be included in B’s active property is not acceptable, since the evidence submitted by the Defendants alone is insufficient to recognize that there is certainty that the claims against B, etc. can be easily repaid.

3. The assertion and judgment as to the compensation for the value of Defendant D

A. In ordering Defendant D’s compensation for the value of each real estate of this case, it is unreasonable to determine the value of each real estate of this case based on the appraisal result of the first instance trial appraiser E, not the market value at the time of the fraudulent act of this case.

B. Where a judgment of a real estate sales contract, etc. is revoked as it constitutes a fraudulent act, and a beneficiary orders the beneficiary to compensate for the value of the real estate that is not the return of the original property, the value of the real estate shall be special.