사해행위취소
1. The sales contract concluded on April 22, 2016 between the Defendant and B regarding the real estate listed in the separate sheet is KRW 21,749,817.
1. Facts of recognition;
A. On May 13, 2009, the Plaintiff filed a lawsuit against B with the Daegu District Court Branch of 2008Gaso80908, and the said court rendered a judgment that “B shall pay to the Plaintiff the amount of KRW 12,149,365 and the amount of KRW 6,232,175 per annum for KRW 17% per annum from June 5, 2008 to the date of full payment,” and the said judgment became final and conclusive around that time.
B. B sold real estate listed in the separate sheet (hereinafter “instant real estate”) on April 22, 2016 to the Defendant, and completed the registration of ownership transfer on June 3, 2016 as the Daegu District Court Branch Branch Branch No. 46886, Jun. 3, 2016.
(hereinafter “instant sales contract”). C.
At the time of the instant sales contract, B did not have any assets other than the instant real estate.
On the other hand, the Plaintiff’s claim against B is KRW 21,749,817 in total as of July 19, 2017 (= Principal KRW 6,232,175 in interest of KRW 15,517,642).
[Ground of recognition] Gap evidence Nos. 1, 3, and 5, and the fact-finding results to the North Korean head of the North Korean Office at the time of this court, the purport of the whole pleadings
2. Determination
A. According to the facts of the recognition of the existence of the preserved right, the Plaintiff shall be deemed to have held a claim for judgment against B at the time of the instant sales contract, and the above claim shall be deemed to have been a preserved claim for revocation of the fraudulent act.
B. 1) The debtor's act of selling real estate, which is one of his own property, and changing the real estate into money or transferring it to another person without compensation, becomes a fraudulent act against the creditor, barring any special circumstances. Thus, the defendant asserts that the defendant did not know that he would prejudice the creditor at the time of entering into the instant sales contract, and that the defendant did not know that he would cause harm to the creditor at the time of entering into the instant sales contract.