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1. On March 24, 2015, a sales contract was concluded between the Defendant and B with respect to one-half of the real estate listed in the separate sheet.
Reasons
1. Facts of recognition;
A. B subscribed to the Plaintiff’s credit card member and used a credit card, and the amount in arrears reaches KRW 11,114,282 in total on February 1, 2015.
B. B and the Defendant, as a form of punishment, owned 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”). On March 24, 2015, B sold the instant real estate to the Defendant at KRW 80 million, and the Defendant completed the registration of ownership transfer as to the said 1/2 shares on March 27, 2015.
C. The market price of the instant real estate is 160 million won. B did not have any property other than 1/2 shares out of the instant real estate, and around March 24, 2015, as well as the Plaintiff’s debt to the Plaintiff, the amount of KRW 60 million loaned from the Industrial Bank of Korea on the security of the instant real estate, KRW 4.5 million for Hyundai Capital and SBI3 Savings Bank, and KRW 5 million for the lease deposit debt to C, a lessee of the instant real estate, exceeds its debt.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 3, 6 through 9, and the purport of the whole pleadings
2. The debtor's act of selling real estate, which is the only property of his own, and replacing it with money easily consumed or transferring it to another person without compensation, is presumed to constitute a fraudulent act against the creditor, barring any special circumstances. Therefore, the debtor's intent of deception is presumed to be presumed, and the burden of proving that the purchaser or the transferor did not have bad faith
According to the above facts of recognition (Supreme Court Decision 2000Da41875 Decided April 24, 2001), B sold 1/2 shares out of the instant real estate, which is the only property under excess of debt.
Therefore, this constitutes a fraudulent act unless there are special circumstances, and the defendant's bad faith is presumed to be a beneficiary.
3. The defendant's assertion and judgment are justified.