entering into a pre-contract for sale is a fraudulent act that reduces joint security.

The conclusion of a pre-contract with the defendant for sale and purchase of real estate, which is one of the only property, constitutes a fraudulent act by reducing the creditor's joint security, and thereby, it would have been known that it would prejudice the creditor, and the defendant's bad faith, who is

2012 Ghana 204678 Revocation of Fraudulent Act

Korea

KimA

September 21, 2012

October 12, 2012

1. Revocation of a trade reservation entered into on January 11, 2012 with respect to real estate listed in the separate sheet between the defendant and KimB

2 The defendant shall bear three costs of lawsuit against the KimB in relation to the real estate listed in the attached list, which was completed by the Suwon District Court Branch of Suwon District Court of the Republic of Korea in January 16, 2012 by receipt of No. 1741, for the cancellation of the registration.

The same shall apply to the order.

1. Facts of recognition;

A. KimB bears the Plaintiff’s tax liability of KRW 000 in total as follows:

B. On January 11, 2012, the Defendant entered into a pre-sale agreement with KimB on the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the provisional registration of the right to claim transfer of ownership as heading under Article 1741 of the receipt of the Suwon District Court, Suwon District Court, Sungwon District Court, Sungwon District Court on January 16, 2012.

C. The real estate in this case is the sole asset of KimB, and the defendant is the female of KimB, and [the facts that there is no dispute over the basis of recognition, and the entries in Gap evidence 1 through 4, and the purport of the whole pleadings]

2. Determination

A. Whether to recognize a fraudulent act

The conclusion of the promise to sell and purchase the real estate in this case, which is the only property of KimB, with the defendant, constitutes a fraudulent act that reduces the creditor's joint security, and KimB knew that it would thereby prejudice the creditor, and the defendant's bad faith, which is the beneficiary, is presumed.

B. Determination as to the defendant's bona fide defense

The defendant asserts that, from 2008 to 2012, the defendant lent 000 won to KimB, entered into a reservation to sell and purchase the real estate in this case in order to secure it, and that, at all, it is a bona fide beneficiary who was unaware of KimB's obligations and property status. However, the actual existence of the claim is not directly related to the beneficiary's resolution, and even if monetary claim exists as the defendant's argument, it is insufficient to reverse the presumption of bad faith, and there is no evidence to acknowledge the good faith of the defendant, and there is no reason for the defendant's defense

(c) Cancellation and reinstatement;

The purchase and sale reservation entered into on January 1, 2012 with respect to the instant real estate between the Defendant and KimB shall be revoked as it constitutes an intentional act, and the Defendant, with respect to the instant real estate, is obligated to implement the procedure of cancellation registration, when the right to claim transfer of ownership, which was completed on January 16, 2012 by the Suwon District Court, Sungwon District Court, Sungwon District Court, Sungnam Branch Branch, 1741, 20

3. Conclusion

If so, the plaintiff's claim is reasonable and acceptable.