Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the court’s explanation on this part of the premise is that the relevant part of the judgment of the court of first instance is identical to that of the relevant part of the judgment, and thus, this is cited by the main text of Article 420
2. The parties' assertion and judgment
A. (1) The parties’ assertion (1) concluded the instant trust contract with the Defendant on July 20, 2007 with respect to the instant land and building where the Defendant, at the time of entering into the instant trust contract as to the Plaintiff’s assertion, was liable to compensate the Plaintiff for damages under the agreement at the time of entering into the instant trust contract, and completed the registration of ownership transfer in the future with the Defendant on July 20, 2007, when the Defendant exceeded any obligation without any particular property, constitutes a fraudulent act against the Plaintiff, etc., and thus, constitutes a fraudulent act against the general creditors, such as the Plaintiff, etc., under Article 8 of the Trust Act and Article 406 of the Civil Act. Accordingly, the Defendant
(2) The Defendant’s claim against the Plaintiff was incurred only on November 11, 2007, after the instant trust contract, and thus, cannot be a preserved claim for obligee’s right of revocation. Even if it becomes a preserved claim for household affairs, A is not in the state of insolvency at the time of entering into the instant trust contract, and the instant trust contract was concluded with a view to strengthening A’s ability to repay debts, and thus, the instant trust contract does not constitute a fraudulent act.
B. (1) At the base point of time for determining the fraudulent act, this part of the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance, and thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(2) 피보전채권의 존재 ㈎...