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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On November 16, 2012, AF Savings Bank lent 12 million won to B on a lending period of 60 months and interest rate of 38.9% per annum. However, as B loses the benefit of the lending period, on June 18, 2015, the Bank transferred the above bonds to the Plaintiff on June 18, 2015, and notified B of the transfer of claims thereafter.
B entered into a sales contract with the defendant on April 10, 2014 (hereinafter referred to as the "sales contract of this case") with respect to the real estate owned by him (hereinafter referred to as the "multi-unit building of this case") and transferred the registration of ownership transfer to the defendant on the same day.
【In the absence of dispute over the grounds for recognition, Gap's evidence Nos. 1, 2 and 4 (including additional number), the parties' assertion of the purport of the entire pleadings, and the plaintiff's assertion of the parties to judgment as to this issue, the act that the debtor entered into the instant sales contract with the defendant while in excess of debt B and transferred the registration of ownership transfer of the apartment of this case to the defendant constitutes a fraudulent act, and thus, a claim for restoration
On the other hand, the defendant asserts that the apartment of this case was purchased by the bona fide beneficiary without knowing that the apartment was in excess of the debt.
In full view of the reasoning of the argument as to the Defendant’s good faith, the Defendant concluded the instant sales contract with B on April 10, 2014, and transferred KRW 25 million to B on April 11, 2014 on the date of the contract, and KRW 25 million on April 11, 2014 on April 9, 2014 on the following day. The Defendant established a collateral security on the instant apartment to the Industrial Bank of Korea on May 6, 2014, and paid KRW 94 million to B on the loan of KRW 2,50,000,000 to the Industrial Bank of Korea on April 21, 2014, and paid KRW 25,000,000 to B on the loan of KRW 94 million on the instant apartment.