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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff’s claim 1) The Youngsan Agricultural Cooperative Co., Ltd.’s credit against B under the loan agreement on November 9, 1991 (hereinafter “instant credit”).
(2) On June 9, 2014, the instant claim amount that the Plaintiff acquired is KRW 46,125,713 in total as of November 9, 2014.
B. B’s disposal of the instant real estate 1) On November 7, 2014, the sales contract between the Defendant and the instant real estate with respect to the purchase price of KRW 68 million (hereinafter “instant sales contract”).
(C) On November 10, 2014, U.S. District Court No. 12052 received on Nov. 10, 2014 (hereinafter “instant transfer of ownership”).
(2) At the time of the instant sales contract, the instant real estate was the only property B.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 1 (including branch numbers in case of additional numbers), the result of the order to submit taxation information on Ulsan Tax Office by the court of first instance, the purport of the whole pleadings
2. Determination
A. According to the fact that the existence of the preserved claim was acknowledged, the Plaintiff had the instant claim against B at the time of the instant sales contract.
As such, the above claim becomes a preserved claim for revocation of the fraudulent act in this case.
B. Unless there are special circumstances, it is a fraudulent act to sell and change the real estate that is the only property of the debtor, and that it is easy for the debtor to consume the real estate into money (see, e.g., Supreme Court Decision 96Da2606, May 9, 197). Therefore, selling the real estate of this case to the defendant, which is the only property of the defendant, constitutes a fraudulent act, and it is presumed that B's intention is presumed that the defendant's bad faith is the beneficiary.
C. As to the Defendant’s bona fide assertion, the Defendant purchased the instant real estate from B in a normal manner, and the instant sales contract was concluded.