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The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport, purport, and.
Reasons
Facts of recognition
The reasoning for this part of this Court is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the cause of the claim
A. Since the Plaintiff’s assertion B entered into the instant sales contract with the Defendant under insolvent, the instant sales contract constitutes a fraudulent act, and thus, the Defendant is obligated to pay the Plaintiff the amount stated in the purport of the claim by restitution.
B. Determination as to the insolvency of B (1) The “unlawful act” subject to the obligee’s right of revocation under Article 406 of the Civil Act refers to an act that causes damage to the obligee by the obligor’s excessive status of the obligation by reducing active property or increasing the negative property, or by deepening that the obligor has already been in excess of the obligation. As such, whether the obligor’s legal act is in excess of the obligation should be determined at the time of the fraudulent act (see Supreme Court Decision 2012Da118334, Apr. 26, 2013). The obligee seeking revocation by asserting that the obligor’s legal act, etc. is a fraudulent act must specifically assert and prove not only the existence of the preserved claim and the obligor’s legal act, etc., but also the fact that
(see, e.g., Supreme Court Decision 2005Da28686, May 31, 2007). In determining the debtor's insolvency, which is the requirement to exercise the creditor's right of revocation, it is required that the small property, in principle, is generated before the act that can be viewed as a fraudulent act was performed. However, there is a high probability that the legal relationship that has already been formed at the time of the fraudulent act, which is the basis of the establishment of the obligation, is established in the near future, and that the obligation is established in the near future.