사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 21, 2017, the Plaintiff was issued a cash custody certificate and a written statement of performance of the return of the investment amount, respectively, with the effect that the Plaintiff leased KRW 150,000,000 to D Co., Ltd. (hereinafter “D”) and that the Plaintiff would repay KRW 450,000,000 including earnings from March 15, 2018.
B. 1) The Defendants are each real estate listed in the separate sheet (hereinafter “instant real estate”) between D and D on April 5, 2018.
2) The sales contract for the purchase price of KRW 1,600,000 (hereinafter “instant sales contract”) is the sales contract.
(2) Upon entering into a contract, the Defendants concluded a real estate lease agreement (hereinafter “instant lease agreement”) with D on April 5, 2018, stipulating that the instant real estate shall be leased KRW 50,000,000 as KRW 50,000,000, and that the down payment KRW 265,000,000 for the remainder of KRW 1,285,000 at the time of the contract shall be paid in April 30, 2018.
3) On April 26, 2018, the Defendants completed the registration of ownership transfer with respect to each of the instant real estate shares on April 26, 2018. [Grounds for recognition] fact that there is no dispute, and Gap evidence Nos. 1 through 5 (which include a serial number; hereinafter the same shall apply).
written evidence Nos. 5 and 12, and the purport of the whole pleadings
2. Determination as to the cause of action
A. Unless there are special circumstances, it is a fraudulent act to sell real estate, which is the only property of the debtor, and change it into money easily for consumption. The debtor's intent of deception, which is a subjective element of fraudulent act, refers to recognizing the shortage of joint security of claims, and thus does not require any intent or intent to impair the creditor. In the event that 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 to be presumed. < Amended by Act No. 6268, Feb. 25, 2000>