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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. On October 7, 2003, the Plaintiff issued a credit card to B pursuant to the credit card issuance contract with B, and issued KRW 11,09,259 with the credit card use price, and as of July 8, 2014, KRW 15,292,613 with respect to B as of July 8, 2014 (i.e., the card use price of KRW 11,09,259,259 with interest of KRW 897,35,35 with late interest of KRW 2,835,150 with late payment charge of KRW 460,869).
B. B on January 23, 2013, sold at KRW 60,000,00 of the purchase price to the Defendant, who is the birthe, Daegu North-gu, Daegu-gu, and D ground E No. 102 (hereinafter “instant real estate”), the only real estate owned by B, for the purchase price of KRW 102,00 (hereinafter “instant sales contract”), and completed the registration of ownership transfer under the name of the Defendant as the receipt of the Daegu District Court (3427) on the same day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, fact-finding to the Daegu North-gu Office of this Court, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion and B constitute a fraudulent act, and thus, the sales contract on the instant real estate constitutes a fraudulent act, and the Defendant is obligated to compensate the Plaintiff for its value.
B. The Defendant’s assertion that the instant sales contract was concluded at a reasonable price to cover a legitimate repayment to some creditors, and does not constitute a fraudulent act against other creditors.
3. The act of a debtor in excess of his/her obligation by selling his/her own real estate and changing it into money easily for consumption is a fraudulent act against a creditor, barring any special circumstance where the sale thereof takes place at a reasonable price to appropriate for repayment to a certain creditor (see Supreme Court Decisions 66Da1535, Oct. 4, 1966; 2009Da67252, Dec. 10, 2009; 2010Da41850, Jul. 26, 2012). Meanwhile, it is reasonable for a creditor to seek repayment of obligation.