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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
The Plaintiff lent KRW 100 million to C, but was unable to pay the principal amount of KRW 90 million and damages for delay, and filed a lawsuit against C, and the Plaintiff won the Plaintiff’s winning judgment on February 6, 2017, and the said judgment became final and conclusive around that time.
C owned the real estate listed in the separate sheet (hereinafter “instant real estate”), and entered into a sales contract with the Defendant on November 18, 2016, with the purchase price of KRW 540 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer to the Defendant on January 5, 2017.
At the time, the right to collateral security was established with respect to the instant real estate at the National Bank of Korea, the debtor C, and the maximum debt amount of KRW 487,200,000,000, and the existing right to collateral security was cancelled after the sales contract was concluded, while the right to collateral security was newly established with regard to the instant real estate at the time, the National Bank of Korea, the debtor
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, and the purport of the entire pleadings is to seek revocation of the sales contract of this case as a fraudulent act and payment of KRW 90 million as compensation for value in order to preserve the claim for judgment amount against C.
Therefore, barring any special circumstance, barring any special circumstance, the act of selling the instant real estate, which is the only property of the debtor C, and replacing it with money easily consumed by the debtor, which is the only property of the debtor C, constitutes a fraudulent act in principle.
The defendant's defense and judgment are the bona fide beneficiary who did not know that the sales contract of this case harms the creditor of C.
Since the beneficiary's bad faith in a revocation suit is presumed to be a beneficiary, the beneficiary is responsible for proving his good faith in order to be exempted from his responsibility.
That is, in this case, the beneficiary.