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1.(a)
The sales contract concluded on August 5, 201 between the defendant and C on August 5, 201 is 36,00.
Reasons
1. Facts of recognition;
A. C organized the 21 fraternity of August 19, 2009, 63,000,000 won, and 22 former successful bid amount of KRW 3,000,000 per month from August 19, 2009 to February 19, 2013 (hereinafter “instant system”).
B. The instant guidance is operated by means of offering a bid at the time when the maturity period is in progress every other month and paying a credit amount to the members who offered the credit amount less than the minimum amount within the said credit period. The Plaintiff joined the instant guidance one unit, and the Plaintiff received KRW 13,00,000 from C upon receiving a successful bid of KRW 49,00,000 on April 19, 2012.
C. Meanwhile, on August 5, 2011, C entered into a sales contract (Evidence B; hereinafter “instant sales contract”) with the Defendant, who is a cook, as indicated in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer as the receipt No. 18603 on September 14, 201.
According to the instant sales contract, the Defendant: (a) purchased the instant real estate; (b) obtained the secured debt of the right to collateral security established on the instant real estate; (c) 30,000,000 won in arrears; and (c) 50,000,000 won in borrowings against the Defendant (i.e., borrowed money 20,000,000 as of October 15, 2009; and (d) obtained the borrowed money 35,000,000,000 won in lieu of the borrowed money as of October 28, 2009; and (c) obtained the borrowed money 339,000,000,000 won in lieu of the borrowed money as of October 28, 2009.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 2 through 11 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of claim
A. The claims protected by the obligee’s right of revocation of a preserved claim need to be, in principle, constituted prior to the commission of an act that can be viewed as a fraudulent act.