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1. The scope of KRW 10,240,925, which was concluded on August 30, 2018 between the Defendant and F with respect to the real estate stated in the separate sheet between the Defendant and F.
Reasons
1. Basic facts
A. 1) As of April 26, 2017, F extended a loan of KRW 15 million from the Plaintiff, up to April 26, 2020, with an interest rate of KRW 27.9% as of October 31, 2018, as of October 31, 2018, F remains 10,240,925.
B. F’s disposal of the instant apartment, etc. 1) F on August 30, 2018, F is the only real estate owned by F between the Defendant and the Defendant, as indicated in the attached Table (hereinafter “instant apartment”).
2) As to the sales contract of KRW 190 million (hereinafter “instant sales contract”)
(2) At the time of the instant sales contract, the right to collateral security was established on August 31, 2018, and the right to collateral security was terminated on September 3, 2018 and cancelled on September 3, 2018.
【Ground of recognition】 The fact that there is no dispute, Gap's evidence Nos. 1-4, the purport of the whole pleadings
2. Determination
A. As seen earlier, the Plaintiff’s claim for a loan to F against the Plaintiff’s preserved claim was created on April 26, 2017. Therefore, this constitutes the Plaintiff’s preserved claim to exercise the Plaintiff’s right of revocation against the act of disposal as seen earlier by F.
B. The establishment of the debtor's fraudulent act and the alteration of the debtor's intent to sell real estate, which is the only property of the debtor, with ease of consumption, into money is a fraudulent act against the creditor unless there are special circumstances.
Therefore, F is deemed to have reached an excess of the obligation by concluding the instant sales contract with the Defendant with respect to the instant apartment, which is the sole property, barring any special circumstance, the instant sales contract constitutes a fraudulent act, and the obligor F’s intent to commit suicide is presumed also presumed.
C. Determination as to the defendant's bona fide defense.