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1. The sales contract concluded on April 4, 2012 between Defendant A and Nonparty C on the real estate stated in the separate sheet was 21,30.
Reasons
1. Facts of recognition;
A. On November 19, 2010, the payment order (hereinafter “instant payment order”) was issued against Nonparty C, with the Seoul Central District Court Decision 2010 tea152353, and the payment order was finalized on November 19, 2010, that “C shall pay to the Plaintiff 5,563,280 won and 5,500,000 won with interest of 19% per annum from April 23, 200 to the full payment order.”
B. As of August 25, 2016, C’s debt against the Plaintiff based on the instant payment order is KRW 21,300,970.
C. On April 4, 2012, C entered into a contract to sell real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”) to Defendant A, and completed the registration of ownership transfer under Defendant A’s name on the same day, and Defendant A completed the registration of ownership transfer on June 21, 2012 to Defendant B on June 4, 2012.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. Determination as to the claim against Defendant A
A. According to the facts of recognition as above, since the Plaintiff’s claim against C at the time of the instant sales contract exists with respect to the instant payment order, the above claim can be the preserved claim for the revocation of fraudulent act.
B. According to the above facts of determination as to the claim for revocation of fraudulent act, C entered into a sales contract with Defendant A as to the instant real estate, which is its sole property, and the debtor's act of selling real estate, which is its sole property, and changing it into money, which is easily consumed, constitutes a fraudulent act against the creditor, barring special circumstances (see, e.g., Supreme Court Decisions 2000Da41875, Apr. 24, 2001; 2008Da84458, May 14, 2009). The instant sales contract should be revoked as a fraudulent act (However, to the extent of the amount of compensation as seen below), and C's act.