1. All appeals filed by the plaintiffs are dismissed.

2. At the preliminary claim of the plaintiffs added by this Court.

1. The reasoning of this court concerning this part of the judgment on the primary claim is the same as the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420

2. On October 7, 2009, when B, who was liable for a loan to the plaintiffs as to the preliminary claim, opened an account (Account Number C, hereinafter “instant account”) of the Nong Bank Co., Ltd. with the name of the defendant who was the spouse on October 7, 2009 and deposited and withdrawn through this, there is no dispute between the parties that around that time, B was in excess of the obligation.

As such, the act of trusting the name of the account in this case to the defendant under excess of the debt amount belongs to the defendant with the right to claim the return of the money deposited in the account in this case under the name of the defendant in an external relationship with financial institutions or third parties. Therefore, in relation to the general creditor in B, it constitutes a fraudulent act by a legal act reducing the liability property, and the defendant's intent to commit the act is presumed to have known at the time, and thus, it should be revoked.

In addition, where a deposit account holder's title trust contract is cancelled as it constitutes a fraudulent act, the restitution following the cancellation shall be made by transferring the deposit claim against the account holder to the donor and ordering the financial institution to notify the transfer to the financial institution, unless there are special circumstances such as the account holder withdrawss and uses the deposit in the deposit account or terminates the deposit account.

(See Supreme Court Decision 2014Da212438 Decided July 23, 2015). Therefore, in the instant case where there is no evidence to prove that the Defendant withdrawn and used the deposit from the instant account or terminated the said account, the Defendant transferred the claim to return the deposit with respect to the instant account to the Plaintiffs, and then transferred it to the Nonghyup Bank.