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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On November 29, 2016, A entered into a sales contract with the Defendant for the sale of KRW 124,000,000 of the 15th floor E-ground Building (hereinafter “instant real estate”) on the instant real estate owned by the Defendant for KRW 124,00,00 (hereinafter “instant sales contract”). On December 7, 2016, A completed the registration for the transfer of ownership on the instant real estate by the Seoul Southern District Court’s receipt of the Seoul Southern District Court (hereinafter “registration for the transfer of ownership”).
B. On August 28, 2019, A filed an application for bankruptcy and exemption under the 2593 and 2019 at the bottom of 2019, Suwon District Court Decision 2593 at the same time. On March 25, 2020, A declared bankruptcy against A, and appointed the Plaintiff as an administrator of bankruptcy.
【Unfounded Grounds for Recognition】 Each entry in Gap evidence 1 through 3, and 5 evidence (including branch numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings
2. The sales contract of this case where the plaintiff's assertion A paid the real estate of this case, which is the only property of the defendant, to the defendant as a specific bond holder, constitutes a biased act that causes damage to the creditor of the bankruptcy, and thus, it shall be denied pursuant to Article 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter " Debt Rehabilitation Act"), and the defendant is obligated to implement the procedure for the denial of the cause of the registration of the transfer of ownership of this case, which was completed with respect to the real estate of this case, by restitution to the plaintiff.
3. Determination
A. (1) Whether an intentional denial is established is not only the so-called intentional act of absolutely reducing the debtor's general property, which is a joint security of all creditors, from a bankruptcy estate, but also the act of offering repayment or security to a specific creditor.