사해행위취소
1. The sales contract concluded on July 12, 2012 between the Defendant and B is revoked.
2...
1. Facts of recognition;
A. On February 28, 2011, the Plaintiff loaned KRW 130 million to C Co., Ltd. (hereinafter “Nonindicted Company”) by means of interest rate of 29% and equal repayment of the principal and interest for 48 months. The Plaintiff jointly and severally guaranteed the above loan obligations.
B. On July 20, 2012, a non-party company paid the principal and interest of a installment, thereby losing a benefit due to delayed payment of the principal and interest of a loan, and the principal and interest of a loan in arrear amounting to KRW 77,450,202 as of October 21, 2014.
C. On July 27, 2012, B completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On July 12, 2012, B concluded a sales contract with the Defendant, which is the only real estate between the Defendant and the Defendant, as a form of punishment, setting the sales price of the instant real estate as KRW 43 million (hereinafter “instant sales contract”). The Defendant paid the sales price in full to B on the date of the contract, and completed the registration of ownership transfer as described in paragraph (2) of this case in its future.
[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Determination as to the cause of claim
A. The debtor's act of selling real estate, which is the only property of the debtor, and replacing it with money easily consumed or transferring it to another person without compensation, becomes a fraudulent act against the creditor, barring special circumstances. Therefore, the debtor's intention of prejudice is presumed, and the burden of proof that the purchaser or the transferor did not have bad faith is the beneficiary.
B. (Supreme Court Decision 2000Da41875 Delivered on April 24, 2001).
In light of the above legal principles, as seen earlier, B sold the instant real estate, the only real estate, at the time when the principal and interest of the loan was overdue, to the Defendant. Thus, the instant sales contract constitutes a fraudulent act with the knowledge that B would prejudice creditors, including the Plaintiff, and its intention.