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(영문) 서울중앙지방법원 2015.11.26 2015가단111103
사해행위취소 등
Text

1. The sales contract concluded on December 5, 2014 between the Defendants and C is KRW 22,122,320.

Reasons

1. Indication of claims: To be as shown in the attached Form;

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 5, purport of the whole pleadings]

2. The Defendants asserted as to the Defendants’ assertion: (a) the Defendants and C’s mother-friendly D, died on May 2012; (b) registered the ownership transfer under the name of unmarried C among their children at the time, but completed the registration of ownership transfer under the name of the Defendants within two to three years thereafter; (c) thereafter, C was aware of the circumstances that the said real estate was established as a collateral and received money; and (d) thereafter, the Defendants asserted to the purport that the said real estate was bona fide.

The debtor's intentional intent, which is a subjective requirement for fraudulent act, refers to recognizing the existence of deficiency in the joint security of claims. It does not require any intent or intent to prejudice the creditor. If the debtor sells his own only real estate, the debtor's intent is presumed, the purchaser or the transferor's bad faith is presumed, and the burden of proof that the purchaser or the transferor did not have bad faith is presumed to be the beneficiary.

Since there is no evidence to prove the above facts of the defendants' assertion, the defendants' assertion is without merit.

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