A. C on November 7, 2008, prepared a certificate of loan to pay 61 million won to the Plaintiff (hereinafter “instant loan”) by December 15, 2008.

B. The Plaintiff filed the instant lawsuit against C with respect to the instant loan claim and lost in the first instance court (Seoul District Court Branch Decision 2011Na43275). However, the Plaintiff won the instant lawsuit in the appellate court (Seoul District Court Decision 2012Na23948), and the said judgment became final and conclusive on March 6, 2014 as C’s appeal was dismissed.

C. On March 20, 2014, the Defendant completed the provisional disposition registration with regard to each real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) on March 21, 201 as the right to claim the registration of ownership transfer based on the accord and satisfaction agreement (hereinafter “instant accord and satisfaction agreement”) on March 21, 201 as the right to be preserved.

[Reasons for Recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 2 and 3 evidence, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. At the time of the instant accord and satisfaction agreement, at the time of the establishment of a fraudulent act, C is active property and there is no other property except each of the instant real property. Ultimately, C is deemed to have been placed in excess of the obligation due to the payment in substitutes against the Defendant. As such, the instant accord and satisfaction agreement between the Defendant and C constitutes a fraudulent act detrimental to the general creditors of the Plaintiff, etc. against the obligor C.

B. From the beginning of 200, the Defendant demanded C to repay the loan amount exceeding KRW 40 million by lending money from time to time from the beginning of 2000. At the time, C had no property available for collateral except each of the instant real estate, and at the time, C had the Defendant entered into a payment agreement with C on the condition that C succeed to the lease deposit and the loan.

The plaintiff shall file a claim for the loan of this case after the payment agreement of this case.