사해행위취소
1. The sales contract concluded between the defendant and C on August 26, 201 with respect to the real estate stated in the attached list was 39,56.
1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1, 2, and 3-1, 2, 3-2, and Eul evidence No. 1-1, 2, and 3-3 and the whole purport of the pleadings as a result of a request for market price appraisal of appraiser D by this Court.
On October 6, 2008, the Plaintiff lent KRW 600 million to C.
B. C, on August 26, 2011, completed the registration of ownership transfer based on the sale on the same day as the Asan Registry No. 57465, as to the real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by oneself, to the Defendant, who is the same student.
C. At the time of the above sale, C did not have any other property except the instant real estate and the instant land E and its ground buildings, and the F Multi-household Housing No. 102, but did not bear obligations exceeding the total market price of each of the said real estate.
On the other hand, on October 18, 2011, the Defendant completed the registration of the establishment of a mortgage over KRW 18 million in the future of the Baerer Co., Ltd. with respect to the instant real estate.
2. Determination
A. According to the facts as to the establishment of a fraudulent act, the act of selling the instant real estate, which is one’s own property, to the defendant under a status exceeding the debt owed by C, constitutes a fraudulent act in relation to the plaintiff, and as long as the debtor C’s intent to harm is recognized, the defendant, who is the beneficiary, is presumed to have purchased the instant real estate with the knowledge that it would prejudice the plaintiff.
B. The plaintiff asserts that the method and scope of revocation of the fraudulent act was 10,000 won, since it was impossible for the defendant to return the original property by completing the registration of creation of a new mortgage on the instant real estate in the name of Oiiian Co., Ltd. after the said fraudulent act, the value of the instant real estate was 294,149,560 won, which was established prior to the said fraudulent act, as the amount of the secured debt secured by the right to collateral by the mortgagee of the Northcheon Saemaeul Saemaul Bank, Inc.