1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Judgment of the first instance.

The reasons for the judgment of this court are the same as the reasons for the judgment of the first instance.

(main sentence of Article 420 of the Civil Procedure Act): Provided, That the following shall be added:

1.On the seventh anniversary of the judgment of the first instance, the following shall be added:

The defendant asserts that the transfer security agreement of this case does not constitute a fraudulent act as it is necessary to receive new loans for continuing the business of LibyC Co., Ltd.

According to Section B, according to Section B8, it is recognized that E.I.D. received an additional loan from the Busan Savings Bank after the instant transfer security agreement, but there is no evidence to acknowledge that the additional loan was made due to the instant transfer security agreement (the conclusion does not change even if the existing loan was repaid with an additional loan), and the defendant's assertion is rejected.

2.On the 5th day of the first instance judgment, the following shall be added:

Since the defendant, as a bankruptcy trustee, has an interest in the property as a third party, independent of the bankrupt, constitutes a subsequent purchaser, it shall be determined on the basis of the bankruptcy trustee, and the good faith and bad faith shall not be based on the good faith and bad faith of the bankruptcy trustee, and the good faith and bad faith shall not be based on the good faith and bad faith of the bankruptcy trustee, and there is no evidence that the bankruptcy trustee is acting in bad faith.

Where a relative invalidation of a private transaction, such as a false representation of agreement, is at issue, a third party with an interest shall not claim invalidation against the third party if he/she is a good faith.

(Article 108(2) of the Civil Code. The trustee in bankruptcy may be an interested third party in such cases.

The reason is that all properties owned by the bankrupt when the bankrupt is declared bankrupt shall constitute the bankrupt estate.