The burden of proving the beneficiary's bad faith in revocation of fraudulent act

In revocation of fraudulent act, the beneficiary is responsible for proving that he/she has acted in bad faith.

Article 406 of the Civil Act, Article 261 of the Civil Procedure Act

Supreme Court Decision 68Da2022 Decided January 28, 1969 (No. 17 ② Civil17) (Gong117), April 25, 1988 (Gong1988,88), Supreme Court Decision 87Meu1489 Decided February 28, 1989 (Gong1989,519)

Plaintiff 1 and 2 Plaintiffs, Counsel for the defendant-appellant

Attorney Lee Jae-hoon, Counsel for the defendant-appellant

Seoul Civil District Court Decision 90Na1709 delivered on October 23, 1990

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below acknowledged the fact that the plaintiffs killed the non-party 1 and caused the damage claim against the non-party 1, and thereafter, the non-party 1 did not own any property and sold the real estate of this case to the defendant. The court below lawfully rejected the evidence consistent with the defendant's argument that the defendant did not know that the purchase of the real estate of this case was prejudicial to the plaintiffs. In light of the records, the judgment of the court below did not err in the misapprehension of legal principles as pointed out, the violation of the rules of evidence, or the incomplete deliberation.

In addition, in the revocation of fraudulent act, the beneficiary has the responsibility to prove that the beneficiary is acting in bad faith. Therefore, the court below is justified in imposing the burden of proof on the defendant who is the beneficiary, and there is no error in the distribution of the burden of proof. The argument is without merit.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)