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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The obligor B (hereinafter “debtor”) received food materials from D while running a restaurant from July 1998. The amount of the goods unpaid as of August 21, 2015 reaches KRW 564,964,100.
The plaintiff is a person who has operated the LAD from November 2010.
B. On August 21, 2015, the debtor sold 3305/55/5156 shares (hereinafter “instant real estate”) out of 55,156 square meters of forests and fields E, which were owned by the debtor, to the Plaintiff at KRW 49 million (hereinafter “instant sales contract”). The debtor completed the registration of transfer of ownership on the ground of the said sale as the receipt of No. 20636 on August 25, 2015 by the Jung-gu District Court of the Republic of Korea (hereinafter “instant sales contract”).
However, the debtor did not actually receive the purchase price, and transferred the ownership of the real estate in this case to the plaintiff as a payment for the price for the goods.
C. Meanwhile, the debtor filed a petition for bankruptcy on June 9, 2016 and was declared bankrupt on November 10, 2016, and the defendant was appointed as the bankruptcy trustee of the debtor.
The judgment of the court below rendered a decision on August 16, 2018 to the effect that the registration procedure for the denial of the cause of the registration of ownership transfer under the instant sales contract is to be implemented by determining the cause of the said registration as a biased act upon the Defendant’s request.
【Ground for recognition: A without dispute, A evidence No. 1
2. Whether it constitutes a biased act;
A. The main point of the Plaintiff’s assertion is that the instant sales contract is not a biased act, and the said decision is unlawful.
B. The "act that the debtor knows that it would be prejudicial to bankruptcy creditors", which is an act subject to avoidance as prescribed by Article 391 subparagraph 1 of the Act, is not only so-called fraudulent act of absolute reduction of the debtor's general property, which is a joint security of all creditors, but also repayment to a specific creditor or provision of security.