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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. From May 25, 2014 to October 25, 2014, the Plaintiff supplied her husband D with the representative director E (hereinafter “E”), but did not receive KRW 148,925,600 as the price of the goods.
C On October 30, 2014, upon preparing a written confirmation to the effect that “A would make an immediate payment of KRW 148,925,600 for the said goods by November 15, 2014,” and then deliver it to the Plaintiff by signing it on the said written confirmation of payment.
B. On December 15, 2014, C and the Defendant sell each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) to the Defendant as indicated in the separate sheet No. 1 (hereinafter “instant real estate”) for KRW 1190,000,000 for the purchase price.”
On the same day, the registration of ownership transfer was completed in the future of the defendant with respect to each of the instant real estate. [Grounds for recognition] There is no dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including provisional number), the purport of the whole pleadings and arguments.
2. The establishment of a fraudulent act;
A. According to the above facts of recognition of preserved bonds, it is reasonable to view C as a joint and several surety for the Plaintiff’s obligation to pay for the goods. Since C’s above claim against the Plaintiff was already established before the instant sales contract was concluded, it becomes a preserved bond for obligee’s right of revocation.
B. At the time of the conclusion of the instant sales contract, C’s active and passive properties are as follows.
As indicated below, inasmuch as C sells each of the instant real estate in excess of its obligation to the Defendant and reduced the property of other general creditors including the Plaintiff, barring any special circumstance, the instant sales contract between C and the Defendant constitutes a fraudulent act, and C’s intention is recognized, and the Defendant’s intention to commit suicide is presumed to be the beneficiary.
Each of the instant cases, each of which is an active property with the indication value of the property.