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At the request of a change in the trial, the defendant is about the real estate stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. On October 19, 2017, the Plaintiff’s Intervenor granted a loan of KRW 20 million to C (before the opening of the name), setting the lending period of KRW 48 months, interest rate of loan 16.9%, and interest rate of overdue interest rate of KRW 19.9%.
B. C began to delay the loan from January 10, 2019, and as of March 11, 2019, the sum of the principal and interest of the loan as of March 11, 2019 is KRW 16,374,441.
C. On April 18, 2018, C sold the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, who is the same resident, at KRW 310 million (hereinafter “instant sales contract”) and on April 24, 2018, the ownership transfer registration in the name of the Defendant was completed.
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 real estate owned by C.
E. C was declared bankrupt on April 2, 2020 by this Court No. 2019Hadan21132, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, Eul evidence Nos. 1, 4 and 5, the purport of the whole pleadings
2. Determination
A. Determination as to the cause of a claim 1) The so-called fraudulent act of absolute reduction of the debtor's general property, which is a joint security of all creditors, is included in the "act where the debtor knows that it would prejudice the bankruptcy creditor", which is an act subject to avoidance under Article 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act (see Supreme Court Decision 2015Da235582, Dec. 10, 2015). In order to be recognized as an intentional person, the debtor should have known that the debtor would damage the bankruptcy creditor as a subjective requirement. Such intention is sufficient if the debtor is aware that at the time of the act subject to avoidance, the debtor would reduce the liability property, which is a joint security for the bankruptcy creditor, or decrease the satisfaction of other bankruptcy creditors. 2)