소유권이전등기말소등기 등
1. The sales contract concluded on January 11, 2016 between the defendant and the non-party B on the real estate stated in the separate sheet was 70,056.
1. Basic facts
A. On September 2015, the Plaintiff supplied Mean to C Co., Ltd. from around September 2015 under the joint and several sureties’s joint and several sureties, and on December 2015, the goods payment liability for the Plaintiff of C Co., Ltd. is KRW 103,859,056.
B. B on January 11, 2016, on the following day, sold real estate listed in the separate sheet (hereinafter “instant real estate”) which is the only property to the Defendant who is the Defendant of the wife D’s pro-Japanese (hereinafter “instant real estate”) at KRW 580 million (hereinafter “instant sale”), and completed the registration of ownership transfer in the Defendant’s future on the same day.
C. At the time of the sale of the instant real estate, each debtor was as B on January 24, 2011, the establishment registration of the mortgage of a new bank, the mortgagee, the maximum debt amount of which was KRW 526,680,00, and the establishment registration of the mortgage of a new bank, the mortgagee, the mortgagee, the maximum debt amount of KRW 94,90,00,000, and the establishment registration of the mortgage of the new Saemaul Cooperative, the new bank, the mortgagee of which was KRW 439,384,438, and the amount of the secured debt was KRW 70,59,500,00,000.
The registration of the establishment of a new establishment of a new Saemaul Savings Depository was cancelled on January 11, 2016, and the registration of the establishment of a new bank was cancelled on February 19, 2016, respectively.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings
2. The establishment of a fraudulent act;
A. Unless there are special circumstances, it is easy for a debtor to sell and consume real estate, which is the sole property, and to change it into money easily for consumption, a fraudulent act is deemed to be a fraudulent act. The debtor’s intent of deception, which is a subjective element of a fraudulent act, refers to recognizing that there is a shortage of joint security for claims, and does not require any intent or intent to impair creditors. If the debtor sells real estate, which is the only property, and alters into money easily for consumption, the debtor’s intent of deception is presumed (see, e.g., Supreme Court Decision 2008Da8458, May 14, 2009)