A. C Loans 1) On November 1, 201, the Plaintiff lent KRW 15,00,00 to C for a loan period of three years, interest rate of 13.7% per annum, and interest rate of 19% per annum. 2) C in arrears with the repayment of the above loan (hereinafter “instant loan”) and lost its profits as of August 10, 201. As of March 30, 2015, the Plaintiff’s loan claim against C is the total amount of KRW 22,534,95 won (i.e., principal amount of KRW 13,651,014 or delay interest rate of KRW 8,83,941).

B. On November 27, 2015, C’s disposal act sold real estate listed in the separate sheet (hereinafter “instant real estate”) as the only real estate owned by C, to the Defendant who takes over the ownership (hereinafter “instant sales contract”) (hereinafter “instant sales contract”), and on December 14, 2015, C completed the registration of ownership transfer based on sale in the Defendant’s future.

C. At the time of the instant sales contract for the cancellation of the right to collateral security established on the instant real estate, the registration for the cancellation of the right to collateral security was completed on January 4, 2016, when the registration for the establishment of the right to collateral security was completed, which was the maximum debt amount of 130,800,000, the stock company E as the mortgagee.

[Reasons for Recognition] Facts without dispute, Gap1 to 3 statements, Court Administration Office, Goyang Tax Office, and Yangcheon Tax Office's fact-finding results, the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition of the secured claim, the Defendant was already obligated to repay the instant loan to the Plaintiff on November 27, 2015, upon which the instant sales contract was concluded, and thus, the Plaintiff’s claim for the instant loan is subject to the obligee’s right of revocation.

B. Unless there are special circumstances, it is a fraudulent act that one debtor sells real estate, which is the only property of the debtor, and alters it into money which is easy for him to consume. The debtor's intent, which is a subjective element of a fraudulent act, falls short of the joint security of claims.