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(영문) 광주지방법원목포지원 2016.08.31 2015가단12145

사해행위취소

Text

1. The sales contract concluded on October 26, 2015 between the Defendant and C with respect to the real estate stated in the separate sheet is KRW 15,00,000.

Reasons

1. The occurrence of the right to revoke the fraudulent act;

A. On April 1, 2015, C issued a copy of a promissory note as of October 30, 2015, respectively, as of the addressee, the Plaintiff, the face value of KRW 15,00,000, the issuer C and D, the place of issue and the place of payment, and the date of payment, respectively. In the event of delay in the payment of the said promissory note, a notary public stating that there is no objection even if he/she is immediately subject to compulsory execution (hereinafter referred to as “notarial deed of this case”) is called “notarial deed of this case” as of 286, 2015.

(2) On October 26, 2015, C entered into the instant sales contract to sell the instant real estate in KRW 180,000,000 to the Defendant, the same student, and on the same day, completed the registration of ownership transfer to the Defendant as the Gwangju District Court No. 45953 on the instant real estate.

3) C did not own any property from October 26, 2015 to the date of the closing of the argument in the instant case. [The purport of the entire pleadings is as follows: (a) each entry in the evidence Nos. 1 and 2, based on recognition, and as a result of the order to submit tax information on the time this Court’

B. The debtor's intentional intent is presumed to be a fraudulent act against the creditor, barring special circumstances, as the debtor's act of selling real estate, which is the only property of the debtor, and replacing it with money which is easily consumed or transferring it to another person free of charge, and the debtor's burden of proving that the purchaser or the transferor did not have

(2) In addition to the above facts of recognition under the above legal principles, C sells the instant real estate, which is the only property under a state that does not own any property other than the instant real estate, to the Defendant, and accordingly completed the registration of transfer of ownership of the instant real estate to the Defendant. Thus, the conclusion of the instant sales contract is with the Plaintiff, who is a general creditor of C, holding the instant notarial deed.