사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 30, 2016, the Plaintiff loaned KRW 150,000,000 to B with interest rate of KRW 1.54% per annum, and interest rate of arrears rate of KRW 12% per annum. The Plaintiff’s loan interest of KRW 122,304,833 as of March 16, 2020 is interest rate of KRW 122,30,833.
B. A sales contract between B and the Defendant 1) B is each of the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on January 4, 2019.
(1) The sales contract to sell 340,000,000 won (hereinafter “instant sales contract”) shall be referred to as “the instant sales contract.”
On January 25, 2019, B concluded a contract and completed the registration of ownership transfer in the Defendant’s future on January 25, 2019. (2) On the other hand, B did not have any particular property other than the instant real estate at the time of the instant contract, but did not have any obligation to the Plaintiff, including loan obligations to the Plaintiff, and exceeded its obligations.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence No. 1, and credit information replies to D institutions by this Court
2. The debtor's act of selling real estate, which is the only property of himself/herself, and replacing it with money easily for consumption or transferring it to another person without compensation, becomes a fraudulent act against the creditor, barring any special circumstance, and the debtor's intent of deception is presumed, and the purchaser or transferor's bad faith is presumed to be presumed (see, e.g., Supreme Court Decision 2003Da60891, Oct. 14, 2005). According to the above acknowledged facts, entering into a sales contract with the defendant on the instant real estate, which is the only property under excess of the debt, and completing the registration of transfer of ownership based thereon, constitutes a fraudulent act against the plaintiff as the creditor
Furthermore, in light of B's obligations, property status, and the circumstances of the disposal of property, B was aware that this would result in the shortage of joint security and thereby prejudice general creditors.