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1. The sales contract concluded on January 2, 2015 between the Defendant and C is KRW 61,506,849.
Reasons
1. Basic facts
A. On December 15, 2014, the Plaintiff’s claim for indemnity against C for a loan of KRW 50,000 per annum and KRW 25% per annum and the due date for repayment until January 30, 2015. At that time, C, the spouse of D, jointly and severally guaranteed D’s claim for indemnity against the Plaintiff.
B. (1) On January 2, 2015, C entered into the instant sales contract with the Defendant on January 2, 2015, as indicated in the separate sheet owned by C (hereinafter “instant apartment”).
2) As to the sales contract (hereinafter “instant sales contract”)
(2) On January 2, 2015, the registration of ownership transfer (hereinafter referred to as “registration of ownership transfer of this case”) was entered into against the Defendant on January 2, 2015, the Changwon District Court Kim Jong-hae registry office.
(2) On the other hand, at the time of the instant sales contract, the instant apartment was established on June 27, 2014 by ① 240,000,000 won with the maximum debt amount, ② 65,000,000 won with the maximum debt amount, ② 65,000,000 won with the debtor C, and the debtor C, the mortgagee of the right to collateral security, and the Defendant’s second priority collective security (hereinafter “second priority collective security”) on July 7, 2014. However, the Defendant’s second priority collective security was cancelled on the ground of termination on January 2, 2015, which was the date of the instant sales contract.
C. C’s individual rehabilitation application filed on January 28, 2015 with the Changwon District Court 2015 Congress 3707, and the individual rehabilitation procedure is in progress.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 and 2, and the purport of the whole pleadings
2. The occurrence of the right to revoke the fraudulent act;
A. In order to become a fraudulent act by an obligor’s act of disposal of the debtor’s property against C’s insolvency, the said act causes a decrease in the debtor’s whole property and thus, the shortage of joint security of claims arises or deepens. In other words, the obligor’s small property exceeds his/her obligation or deepens its situation because it exceeds his/her positive property.
Therefore, C, at the time of the instant sales contract.