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1. The sales contract concluded on March 17, 2017 between the Defendant and C is revoked.
2...
Reasons
1. The summary of the instant case C was used with the Plaintiff’s credit card and was in arrears with the card payment from April 2017.
The defendant, as a partner of C, completed the registration of ownership transfer on April 21, 2017 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
The plaintiff asserts that C’s transfer of ownership of the real estate in this case to the defendant should be revoked as a fraudulent act, and that the defendant, without knowing such circumstances, transferred ownership of the real estate in this case by accord and satisfaction.
We examine the requirements for the establishment of fraudulent act in order.
2. The facts of recognition: (a) during the use of a credit card issued by the Plaintiff, C borrowed KRW 16 million from SP on February 3, 2017, and used KRW 19 million from February 3, 2017 to February 28, 2017, such as settlement of KRW 3 million from February 5, 2017; and (b) thereafter, purchased goods using a credit card from April 30, 2017, and delayed payment of credit card payment from April 24, 2017.
② On October 6, 2014, the Defendant remitted a large amount of money to C over several years, such as remitting KRW 100 million to C, and KRW 89 million on July 12, 2016 to C.
③ As of March 17, 2017, C owned the instant real estate as active property (the transaction value shall be deemed as KRW 120 million as indicated in the registry). Petty property bears KRW 89 million as to the loan obligation as alleged in the written reply by the Defendant, KRW 184 million as to the credit card obligation against the Plaintiff (the credit card obligation, which is part of the card theory), KRW 58 million as to the loan obligation against D Bank, KRW 20 million as to E card, and KRW 5 million as to the credit card obligation as to the instant real estate.
④ On March 17, 2017, the Defendant purchased the instant real estate from C in the amount of KRW 120,000,000,000,000 for loans of D Bank.