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1. On November 2016, 2016, each real estate listed in the separate sheet (1), (3), and (4) between the defendant and the IM industry corporation.
Reasons
1. Basic facts
A. A. On July 13, 2016, AM company (hereinafter “M industry”) bears the Plaintiff’s obligation of KRW 235,000,000,000, which is due on December 31, 2016, and the damages for delay rate of KRW 24% per annum, with respect to the Plaintiff. If the said obligation is not performed, a notary public created a notarial deed stating that no objection is raised even if compulsory execution is conducted (a notary public is subject to a law firm’s compulsory execution, No. 328, 2016, hereinafter “notarial deed”).
B. AM industry entered into a trade reservation on November 30, 2016 with respect to each real estate listed in the separate sheet (1), (3), and (4) of its own ownership on November 29, 2016 and the real estate listed in the separate sheet (2) of the separate sheet (hereinafter “each real estate listed in the separate sheet”) on November 30, 2016 (hereinafter “instant trade reservation”), and completed the provisional registration of transfer of ownership or the provisional registration of transfer of ownership (hereinafter “the instant provisional registration”).
C. The instant real estate is the only real estate owned by the MM industry.
[Ground of recognition] The non-contentious facts, Gap evidence 1-1-4, Gap evidence 2-2, fact-finding results against the Ministry of Land, Infrastructure and Transport, the purport of the whole pleadings
2. Determination
A. According to the above facts, at the time of the conclusion of the instant promise to sell and purchase this case, the Plaintiff’s claim based on the notarial deed was established, and thus, the Plaintiff’s claim can be the preserved claim of the obligee’s right of revocation.
B. Supreme Court Decision 2006Da5710 Decided April 14, 2006, holding that an act of providing real estate, the sole property of which is the debtor, among creditors, as security for claims, becomes a fraudulent act subject to creditor's right of revocation in relation to other creditors, barring any special circumstances.