1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. As to the recognition of the acceptance of the judgment of the court of first instance and the judgment on the defendant's defense prior to the merits, this court's reasoning is the same as that of each corresponding part of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of

2. Determination as to the existence of the preserved claim

A. In principle, a claim that can be protected by the obligee’s right of revocation needs to be created prior to the occurrence of an act that can be viewed as a fraudulent act. However, at the time of the fraudulent act, there has already been legal relations that serve as the basis for the establishment of the claim, and there is high probability that the claim should be established in the near future by such legal relations. In cases where the probability is realized in the near future and where the claim has been created by the realization of the possibility, such claim may become an exception

(1) The obligor’s act of disposal of property ought to be objectively determined by comprehensively taking account of various circumstances, such as the content of basic legal relations between the obligee and the obligor, the obligor’s property condition and details of the change, the frequency of occurrence of claims under such circumstances, the general public’s awareness of the occurrence of claims, the interval between the obligor’s act of disposal of property and the occurrence of claims, etc.

Supreme Court Decision 2011Da76426 Decided February 23, 2012