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1. The sales contract concluded on January 6, 201 between the defendant and the non-party D on the real estate stated in the separate sheet was 19,911.
Reasons
1. The occurrence of the right to revoke the fraudulent act;
A. Determination 1 as to the cause of claim) The Plaintiff is a creditor of the credit card usage price against D. The Plaintiff applied for payment order against D with the Daegu District Court 2016 tea4388, and on April 19, 2016, “D shall pay to the Plaintiff 14,001,800 won, calculated at the rate of 23.5% per annum from April 5, 2016 to the date of full payment.” D is obliged to pay damages for delay calculated at the rate of 23.5% per annum from April 5, 2016 to the date of full payment. D is a real estate in the separate sheet (hereinafter “instant real estate”).
2) The sales contract with respect to the purchase price of KRW 90 million (hereinafter “instant sales contract”).
(B) On February 16, 2016, the Defendant completed the registration of ownership transfer on the pertinent real estate. [Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, 1, and Eul evidence No. 1, the viewing of this court, and the response of each document submission order to E, the entire purport of the pleadings is as follows: (a) The judgment changed the instant real estate into money that is only the only property of the Defendant while over obligation and makes it easier for the Defendant to sell and consume it. As such, the instant sales contract constitutes a fraudulent act against the Plaintiff, who is the obligee, and is presumed to have the intention of the Defendant’s death.
Therefore, the Plaintiff may exercise the right of revocation against the Defendant regarding the instant sales contract, and seek restitution.
B. The Defendant asserted that, on March 11, 2013, the Defendant had lived separately with D, and that D sold the instant real estate for business purposes, it purchased the said real estate at an adequate price for the purpose of enabling D to reside in the said real estate and enter the school, and that the instant sales contract would prejudice the creditors including the Plaintiff.