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1. A pre-contract between the Defendant and Nonparty B is made on January 26, 2016 regarding the real estate listed in the separate sheet.
Reasons
1. Basic facts
A. The Plaintiff’s claim Hyundai Card Co., Ltd. concluded a credit card use agreement with B, and B agreed to use the said card and perform the obligations arising therefrom.
Meanwhile, on the other hand, on January 27, 2006, the Plaintiff and the said Hyundai Card Co., Ltd. acquired claims against Hyundai Card Co., Ltd. on February 29, 2016 through a credit transfer contract, and the said Hyundai Card Co., Ltd. notified Nonparty B of the fact of transfer of claims on March 4, 2016, and on January 26, 2016, the obligations owed to the Plaintiff by B as of January 26, 2016 to KRW 19,652,59.
B. A disposition of real estate B, around January 2016, assumed a total of KRW 44,358,00 with respect to a financial institution, including credit card payment obligations to the Plaintiff. Nonparty B completed a provisional registration of transfer of ownership on January 27, 2016 under the name of the Defendant, his father, on the ground of a pre-sale agreement as of January 26, 2016, with respect to the attached list (hereinafter “instant real estate”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the above facts, B’s act of entering into a pre-sale agreement with the Defendant on the instant real estate, which is the only property of the Plaintiff, and having made a provisional registration under the name of the Defendant with respect to the instant real estate when it bears the obligation against the Plaintiff, constitutes a fraudulent act detrimental to the general creditor of B, and the Defendant’s bad faith
B. Accordingly, the Defendant asserts that the instant real estate is not a fraudulent act, since it is null and void in the title trust property acquired by the money it lent the property owned by C, and since the ownership transfer registration acquired in the name of B is null and void, the instant provisional registration is completed with respect to B in order to preserve the claim for return of unjust enrichment.
Domins, Gap No. 7, .