1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

The reasoning for this part of the court's explanation is the same as the corresponding part of the judgment of the court of first instance, and thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.

Where a debtor’s property is insufficient to fully repay his/her obligation, barring any special circumstance, if the debtor provided his/her property to a certain creditor as payment in kind or as a collateral, then barring any special circumstance, it would directly compromise the interests of other creditors and thereby constitute a fraudulent act in relation to other creditors (see, e.g., Supreme Court Decision 2007Da18218, Jul. 12, 2007). In light of the above legal principles and basic facts, the act of the non-party company, in excess of his/her obligation, offered the instant property to the Defendants as security,

Even if there are no special circumstances, it constitutes a fraudulent act detrimental to other creditors, including the plaintiff, by more deepening the debt excess situation and reducing the joint security of general creditors, and thus, it constitutes a fraudulent act detrimental to other creditors including the plaintiff. In light of the above facts, the non-party

The Defendants’ assertion as to the Defendants’ defense is a bona fide beneficiary who did not know that the act of entering into each of the instant mortgage contracts with the Nonparty Company constitutes a fraudulent act detrimental to the creditors of the Nonparty Company, including the Plaintiff, since the Defendants actually lent funds to the Nonparty Company and concluded each of the instant mortgage contracts to secure this.

Judgment

Since the beneficiary's bad faith is presumed in a fraudulent act revocation lawsuit, the beneficiary is responsible for proving his/her good faith in order to be exempted from liability.

In such cases, the good faith of a beneficiary shall be determined by the relationship between the debtor and the beneficiary, the details of the act of disposal between the debtor and the beneficiary, and the background and motive leading to such act.