1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On May 28, 2014, the Plaintiff filed a lawsuit against C (Seoul Central District Court 2013 Ghana 966105) and was sentenced to a judgment in favor of the Plaintiff that “C shall pay to the Plaintiff 13,838,558 won and 12,989,174 won with interest of 18% per annum from October 25, 2013 to the date of full payment,” and that “C shall pay to the Plaintiff 13,838,558 won and 12,9,174 won per annum.” The judgment was finalized on July 1, 2014.

B. On August 5, 2016, the Plaintiff filed an application with C for a request to specify the property (U.S. District Court Decision 2016Kao890) on August 5, 2016 with the title of execution, and the executing court rendered a decision to specify the property on September 7, 2016.

C received a certified copy of the decision on property specification on September 9, 2016.

C. On December 19, 2016, the above executing court designated C as the date of specification of the property, and sent a summons for the date of specification of the property, and a form of inventory and a guide to C, and C directly received the above documents on November 30, 2016.

C On December 5, 2016, with the Defendant, entered into a contract to sell the instant real estate owned by the Defendant for KRW 8,000,000 (hereinafter referred to as “instant contract”). On December 8, 2016, C completed the registration of ownership transfer with respect to the instant real estate to the Defendant on December 8, 2016.

At the time of the conclusion of the instant sales contract, C owned the instant real estate as active property, and was liable for the said judgment against the Plaintiff with a small property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the facts of the existence of fraudulent act and intent to commit suicide, prior to the conclusion of the instant sales contract, the Plaintiff’s claim against C, a preserved bond, was established, and thus, the act of selling the instant real estate, the sole property of C, constitutes a fraudulent act, and C’s intent is presumed (see, e.g., Supreme Court Decision 2004Da43909, Jul. 22, 2005).

The defendant's good faith.