1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

B’s overdue and death of credit card payments, after entering into a credit card use contract with Hyundai Card Co., Ltd. on April 3, 2014, the credit card is used.

By March 2015, 4,183,855 won was overdue (hereinafter “instant credit card claim”) and the Plaintiff received the said claim from the Hyundai Card around June 2015.

B died on March 27, 2015.

The Defendant purchased the instant real estate from March 24, 2015 B (hereinafter “the deceased”) the real estate indicated in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer on March 27, 2015.

(2) As of the time of the instant sales contract between the deceased and the Defendant, the instant real estate is the only real estate of the deceased, and the deceased is the only real estate at the time of the instant sales contract.

In addition to the credit card debt of this paragraph, 110,00 won has been liable for the Korean Commercial Life Insurance.

[Ground of recognition] In light of the fact that there is no dispute, Gap's evidence Nos. 1 through 8, 10, and 13 and the purport of the entire pleadings, the above fact of recognition as to whether the act constitutes a fraudulent act, the deceased's sale of the real estate of this case, the only real estate, and the defendant's insolvency, the sales contract of this case shall be revoked as a fraudulent act unless there are special circumstances.

As to the defendant's bona fide objection and judgment, the defendant did not have an intention to harm the creditor, and the bona fide defense is made.

In the absence of special circumstances, it is easy for the debtor to sell and consume real estate, which is the only property, and to change the money with which it is easy for the debtor to consume. The debtor's intent to commit a fraudulent act refers to recognizing the shortage of joint security of claims, which is a subjective element of a fraudulent act, to impair or desire to harm the creditor, and it is easy for the debtor to sell and consume real estate, which is the only property.