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1.(a)
A sales contract concluded on August 25, 2014 between the defendant and C with regard to the real estate stated in the attached list.
Reasons
1. Basic facts
A. On April 30, 1996, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Selection Party D, E, and F’s loan claim 1) G lent KRW 67 million to C on April 30, 1996 at a rate of 24% per annum, and C paid only interest on the above loan obligation until April 30, 1997. 2) G died on May 19, 201.
Plaintiff
A jointly succeeded to G’s wife, Selection, D, E, and F’s children, and the Plaintiff and the aforementioned designated parties jointly succeeded to the principal and interest of the loan of G with respect to G(hereinafter “instant loan claim”).
B. On August 25, 2014, C and the Defendant concluded a sales contract for the real estate indicated in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”) (hereinafter “instant real estate”), which is its sole property with the Defendant, a pro-friendly resident, and completed the ownership transfer registration based on the instant sales contract (hereinafter “instant transfer registration”) with the Jeonju District Court No. 101917, Aug. 26, 2014, which was charged by the Defendant with respect to the instant real estate.
[Judgment of the court below] The ground for recognition
2. Determination as to the claim
(a) Right to revoke a fraudulent act: Loans of this case;
B. 1) The debtor's act of selling real estate, which is the only property of his own, and replacing it with money easily consumed, constitutes a fraudulent act against the creditor, barring special circumstances (see, e.g., Supreme Court Decision 2000Da41875, Apr. 24, 2001). Thus, the sales contract of this case concluded by C with the defendant as to the real estate of this case, which is the only property of the debtor, constitutes a fraudulent act unless there are special circumstances. 2) Thus, the sales contract of this case should be revoked as a fraudulent act. Accordingly, the defendant is obligated to cancel the registration of transfer of ownership of this case to C by restitution
C. The defendant's good faith.