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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 reasoning of the court's explanation as to this case is as follows, except for adding the following judgments as to the matters asserted in the trial of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. 1) Defendant D non-real estate trust: (a) concluded the instant sales contract with respect to the instant real estate on May 27, 201 with Defendant A on May 27, 2011; and (b) immediately on the same day, Defendant D non-real estate trust and the instant real estate trust agreement (hereinafter “instant trust agreement”).
In light of the fact that the instant trust agreement continued to implement the construction project implemented by B and completed the apartment building for its own financing means, and that B was paid construction funds necessary for the construction of the instant real estate under the instant trust agreement, and that development gains arising from the completion of the instant construction project also came to exist B, it is argued that the instant trust agreement does not constitute a fraudulent act detrimental to the general creditor of B. Thus, the legal act subject to revocation of fraudulent act is a legal act between the debtor and the beneficiary, and only the instant sales contract of the Defendant B and the beneficiary of the Plaintiff constitutes a fraudulent act (the instant sales contract constitutes a fraudulent act) is subject to revocation of fraudulent act.
(2) The instant trust agreement between Defendant A and Defendant D non-real estate trust, a beneficiary, is not a legal act subject to revocation of fraudulent act. Therefore, it is unnecessary to examine the above assertion of Defendant D non-real estate trust on a different premise. 2) In addition, Defendant D non-real estate trust is not a legal act subject to revocation of fraudulent act.
subsection 1.