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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. The Plaintiff joined two successful bid accounts of KRW 50 million operated by B on May 13, 2013, and paid the said two successful bid amounts. However, the Plaintiff’s successful bid amount of KRW 100 million was not paid from September 13, 2014 and October 13, 2014, which is the date of the Plaintiff’s successful bid, and thereafter, the Plaintiff did not pay KRW 12 million in total to B after the date of each successful bid.
B. B concluded a sales contract for each of the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”) with the Defendant, who was the ASEAN on February 6, 2015, and completed the registration of transfer of ownership as the receipt No. 27637 on February 9, 2015 with respect to the instant real estate to the Defendant.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of claim, etc.
A. According to the above facts, at the time of the instant sales contract, the Plaintiff had a credit of KRW 88 million against B, and thus constitutes the creditor’s creditor’s creditor’s creditor’s creditor’s right of revocation.
B. B’s fraudulent act 1) In order to become a fraudulent act by an obligor’s act of disposal of the obligor’s property, the said act would cause a decrease in the obligor’s whole property and thus fall short of the obligor’s joint security for claims (see Supreme Court Decision 2000Da69026, Apr. 27, 2001; 2000Da69026, Apr. 27, 2001). In a case where the obligor’s property is insufficient to fully repay the obligor’s property to a certain obligee, barring any special circumstance, if the obligor provided the obligor’s property to a certain obligee as payment in kind or as a security, such act would be prejudicial to the interests of other obligees and thus constitutes a fraudulent act in relation