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1. It was concluded on February 19, 2014 with respect to 2/9 shares of the real estate listed in the separate sheet between the Defendant and B.
Reasons
1. Basic facts
A. Based on the judgment of the Changwon District Court 2008Gaso2132 decided April 23, 2008, the Plaintiff has a claim against B, “the amount calculated by the rate of 17% per annum from October 4, 2007 to the date of full payment” with respect to KRW 9,177,468 and its 6,114,60 among them.
B. On February 19, 2014, the Defendant filed a lawsuit against B seeking the registration of ownership transfer for each of 2/9 shares (hereinafter “instant real estate shares”) among the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only real estate in the Changwon District Court No. 2014GaGa8342, which is the real estate in B, and was sentenced to a favorable judgment from the same court on August 22, 2014. After the judgment became final, the Defendant completed the registration of ownership transfer for the instant real estate shares on September 16, 2014.
C. On February 21, 2003, the establishment registration of the instant real estate was completed in the name of the debtor C, the maximum debt amount of KRW 65,000,000,000, in the name of the Dong-Eup Agricultural Cooperative. However, on September 23, 2014, the registration of the establishment of the said real estate was completed in the vicinity of the maximum debt amount of KRW 78,00,000,000.
[Reasons for Recognition] Gap 1-1, 2, 3, and 2, and each fact inquiry result of the original market of this court and the purport of the whole pleadings
2. Determination
A. According to the facts of fraudulent act and recognition (1) of intention to commit suicide, B is presumed to have donated the instant real estate share to the Defendant on February 19, 2014. The act of donating the instant real estate share, which is the only real estate to the Defendant, constitutes fraudulent act in relation to the Plaintiff, who is a general creditor, and at this time, the Defendant’s malicious intent and beneficiary is presumed.
(2) The defendant lent a total of KRW 7,850,00 on several occasions from April 2, 2002 to February 2, 2003 to Dong Jae-in, and his father, at the time of existence, paid the real estate of this case on behalf of Dong-in as security, etc.