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1. A bond transfer contract concluded on January 22, 2016 between the Defendants on the claims stated in the separate sheet.
Reasons
1. Basic facts
A. On September 15, 2015, the Plaintiff filed a lawsuit against Defendant B for the claim for the payment of indemnity amount, and rendered a judgment that “Defendant B shall pay to the Plaintiff 195,671,551 won and 81,800,000 won among them at the rate of 20% per annum from February 25, 2011 to the date of full payment” (No. 2015Da2026, Jeju District Court). The said judgment became final and conclusive on October 6, 2015.
B. On January 22, 2016, Defendant B transferred to Defendant C the claim in the separate sheet, the sole property of which is the sole property of Defendant C (hereinafter “claim in this case”), and notified the Korea Land and Housing Corporation, the debtor, of its contents.
【In the absence of dispute over the grounds for recognition, Gap evidence 1, Eul evidence 2-1 through 3, Gap evidence 6, Gap evidence 7-1, 2, Gap evidence 8, Eul evidence 5 through 7, and the purport of the whole pleadings
2. Determination
A. According to the existence of the preserved claim and the facts acknowledged as above, barring special circumstances, the act of transferring the claim of this case, which is the only property of Defendant C with excess of the debt, constitutes a fraudulent act with the knowledge that it would prejudice the Plaintiff, the creditor, and further, the Defendant C, who acquired the above claim, is presumed to have been aware of such circumstances.
B. As to the Defendants’ bona fide assertion, the Defendants: (a) concluded a lease deposit with Defendant B with the Korea Land and Housing Corporation by preparing a lease deposit; and (b) concluded a contract with Defendant C with the Korea Land and Housing Corporation to guarantee the payment of the above loan; (c) so, the Defendants asserted that they did not have any intent to harm the Plaintiff at the time of the said contract for the transfer of the loan; (d) however, the entries in the certificate of Nos. 1 through 3 alone, set up a lease deposit with the money borrowed by Defendant C with the Korea Land and Housing Corporation.