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(영문) 대전지방법원 2020.05.07 2019가단114192

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 11, 2016, the Plaintiff: (a) obtained from Nonparty C a notary public a notarial deed of promissory note amounting to KRW 120 million at a face value as the D Law Firm Certificate No. 423, 2015.

(hereinafter referred to as “instant notarial deed”). (b)

C On November 4, 2017, the ownership of the real estate listed in the separate sheet (hereinafter “instant real estate”) was acquired due to inheritance by agreement division.

C on January 14, 2019, sold the instant real estate to the Defendant (hereinafter “instant sales contract”) and on January 30, 2019, the Defendant completed the registration of ownership transfer concerning the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), Eul evidence No. 5, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion C is that the instant real estate, the sole property of which is the property under excess of the obligation, was sold to the Defendant and completed the registration of ownership transfer, thereby reducing the obligees’ joint security, including the Plaintiff, and thus, the instant sales contract should be revoked by falling under

3. Determination

A. Determination as to the cause of claim 1) The debtor's act of selling real estate, which is the only property of his own, and changing or transferring it to another person without compensation, constitutes a fraudulent act against the creditor, barring any special circumstances. Therefore, the debtor's intent of deception is presumed to have been presumed, and the burden of proving that the purchaser or the transferor did not maliciously perform his/her duty (Supreme Court Decision 2000Da41875 Decided April 24, 2001) is the beneficiary (see Supreme Court Decision 2000Da41875 Decided April 24, 200), comprehensively taking into account the result of the court's order to submit tax information to Sejong

According to the above facts, C sells its own real estate.