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1. A sales contract concluded on January 29, 2014 with respect to real estate listed in the separate sheet between the Defendant and B is 128,91.
Reasons
1. Basic facts
A. On July 11, 2008, B borrowed KRW 100,000 from the Korea Savings Bank Co., Ltd. (former trade name: Korea Mutual Savings Bank; hereinafter “Korea Savings Bank”) on July 11, 2009, the due date for repayment was determined and extended on July 11, 2009. After the due date, the due date was extended on January 11, 201. On January 29, 201, B sold real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant for KRW 77,00,000 (hereinafter “instant sales contract”), the principal and interest of the said borrowed loan was KRW 147,569,543.
B. The Korea Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap47, and the Plaintiff was appointed as the bankruptcy trustee.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 7 (including branch numbers in case of virtual numbers; hereinafter the same shall apply), Eul evidence Nos. 1 to 3, and the purport of the whole pleadings
2. Determination
A. According to the above facts based on the existence of the preserved right, B’s obligation to borrow loans to the Korea Savings Bank was incurred before the instant sales contract, and thus, is subject to the revocation of fraudulent act.
B. The debtor's act of selling real estate, which is the only property of his own, and changing it with money which is easily consumed or transferring it to another person free of charge, constitutes a fraudulent act against the creditor unless there are special circumstances (see, e.g., Supreme Court Decision 2000Da41875, Apr. 24, 2001). Thus, the following circumstances revealed by Gap evidence No. 2, Gap evidence No. 2, the result of this court's response to the submission of taxation information and the whole purport of pleadings, namely, the credit investigation report submitted by Eul at the time of first borrowing from the Korea Savings Bank in 2008, which is stated that Eul did not own property, and Eul inherited the real estate of this case, and the property tax shall be paid except for the real estate of this case.