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The judgment of the court below is reversed, and the case is remanded to Daejeon District Court.
Reasons
The grounds of appeal are examined.
1. Since the beneficiary's bad faith is presumed in a lawsuit seeking revocation of fraudulent act, the beneficiary is responsible for proving his/her good faith in order to be exempted from liability.
In such a case, the good faith of a beneficiary shall be determined reasonably in light of logical and empirical rules, comprehensively taking into account the relationship between the debtor and the beneficiary, the details and motive of the act of disposal conducted by the debtor and the beneficiary, the circumstances leading to the act of disposal, whether there are no special circumstances to doubt the normal transactional relationship, and whether there are objective materials to support the act of disposal,
(2) On July 10, 2008, the lower court rejected the Defendant’s assertion that the Defendant is a bona fide beneficiary on the ground that it is difficult to deem the presumption that the Defendant is a bona fide beneficiary, in light of the following: (a) at the time of the instant sales contract, the collective security right to collateral security (see, e.g., Supreme Court Decision 2007Da74621, Jul. 10, 200); (b) the Defendant purchased the instant apartment from A and leases it to A at the same time; (c) the Defendant did not expressly state the method of paying KRW 3,260,320, out of the purchase price; and (d) A was not actually paid the purchase price in the course of sales; and (c) the ownership transfer registration was completed
3. However, the lower judgment is difficult to accept for the following reasons.
The judgment below
The reasons and records reveal the following facts.
1) On December 10, 2012, the Defendant entered into the instant sales contract with the debtor A for the first time as a broker of a licensed real estate agent, but purchased the instant apartment at KRW 143 million. At the time, the instant apartment as to the instant apartment is deemed to be a company incorporated as a collateral security holder Hyundai Liber Life Insurance Co., Ltd. (hereinafter referred to as “Negap Life Insurance”).
the debtor.