The judgment below

The part of the defendant North Korean Agricultural Cooperative is reversed, and the judgment of the first instance is revoked, and that part is revoked.

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment on the part of Defendant E, the lower court, on the grounds indicated in its reasoning, determined that the instant payment contract concluded by Defendant E with G on February 28, 2014 constitutes a fraudulent act, and that it is difficult to view that Defendant E was unaware of the damage to the general creditor of G in the said payment contract, and thus, ordered the revocation of the instant payment contract in accord and the subsequent reinstatement.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the property subject to revocation of fraudulent act, the nature of payment in kind, the trust of beneficiaries, etc., or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, as alleged in the grounds of appeal.

2. Where a partial creditor against Defendant North Korean Agricultural Cooperative (hereinafter “Defendant Agricultural Cooperative”) filed a lawsuit against a beneficiary seeking revocation of and restitution to the original state on the ground of a fraudulent act regarding the debtor’s real estate, and the creditor has returned to the debtor by punishing the property for which the fraudulent act was rescinded or terminated during the course of the lawsuit, barring any special circumstance, the purpose of the lawsuit seeking revocation is already realized and the benefit of protecting the right to be secured by the lawsuit is no longer extinguished.

(See Supreme Court en banc Decision 2012Da952 Decided May 21, 2015, etc.). According to the reasoning of the lower judgment and the record, the Plaintiff’s obligor G entered into a mortgage agreement and an additional mortgage agreement with Defendant Nonghyup on March 28, 2014 with respect to the size of 8,49 square meters of AS forest at the time of Pakistan, the ownership of which is the Plaintiff’s G, and concluded a mortgage agreement and an additional mortgage agreement with the Defendant AFC on March 28, 2014. The registration office of the Republic of Korea branch of the Goyang-gu District Court (No. 20892 and 20896) on March 28, 2014