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(영문) 창원지방법원 2017.04.13 2016나57394
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act

2. Determination

A. Unless there are special circumstances, the debtor's intent to sell real estate, which is the only property, and change the sale of real estate into money which is easily consumed is a fraudulent act, and the debtor's intent to commit a fraudulent act refers to recognizing that there is a shortage of joint security in claims, which is a subjective element of a fraudulent act. Thus, it does not require any intent or intent to harm the creditor. If the debtor sells real estate, which is the only property, and alters the sale of real estate in money which is easily consumed, the debtor's intent is presumed, and the burden of proof that the purchaser or the transferee

(1) A beneficiary’s good faith shall be determined in light of logical rules and experience, comprehensively taking into account the following circumstances: (a) the debtor and beneficiary’s relationship; (b) the details and motive of the act of disposal between the debtor and the beneficiary; (c) the process or motive leading up to the act of disposal; (d) whether there is any special circumstance to doubt that the terms and conditions of the act of disposal are normal transaction; and (e) whether there is objective evidence to support the act of disposal as a normal transaction relationship; and (e) circumstances after the act of disposal.

(see, e.g., Supreme Court Decisions 2007Da74621, Jul. 10, 2008; 2012Da5377, Feb. 14, 2013). (B)

In this case, according to the above facts of recognition as to the cause of claim, D is the land listed in the separate sheet (hereinafter “instant land”) to the Defendants.

At the time of sale, 30,000,000 won in total and the agreed interest payment obligation for the plaintiff was borne.

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