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1.To modify paragraphs 1 and 2 of the order of the court of first instance as follows:
Attached Form C between the defendant and limited liability company.
Reasons
1. Basic facts
A. The Plaintiff supplied industrial paint, etc. to a limited liability company C (hereinafter “C”) by October 31, 2012, but was not paid for the amount equivalent to KRW 50,076,770.
B. The defendant is the head of D, the representative director of C.
C. On May 27, 2013, the Defendant entered into a sales contract with C on the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”) and completed the registration of ownership transfer in the Defendant’s future on May 27, 2013, the Gwangju District Court Seoyangyang Registry No. 7343, May 27, 2013.
C was in excess of the debt at the time of entering into the instant sales contract, and the instant real estate was the only active property of C.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 1 to 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment as to the main claim
A. The establishment of a fraudulent act is examined, and the debtor's act of selling real estate, which is the only property of the debtor, and replacing it with or transferring it to another person without compensation, becomes a fraudulent act against the creditor, barring special circumstances. Therefore, the debtor's intent of deception is presumed to be a fraudulent act against the creditor, and the burden of proof that the purchaser or the transferor did not have bad faith exists
(Supreme Court Decision 200Da41875 Decided April 24, 2001). According to the above facts, C’s act of selling the instant real estate, which is one of its sole active property, to the Defendant under excess of the obligation, constitutes a fraudulent act against the Plaintiff, which is the obligee, by deepening the shortage of joint security, and as such, C’s intent to commit suicide is recognized, and the Defendant’s bad faith, which is the beneficiary, is presumed.
B. The Defendant’s assertion 1. The secured debt amount of the right to collateral security established regarding the instant real estate at the time of concluding the instant sales contract.