2. The costs of lawsuit shall be borne by the Plaintiff.

A. On August 12, 2016, the Plaintiff filed a lawsuit claiming return of unjust enrichment against B (Seoul Southern District Court 2014Gahap102013) and was sentenced to a judgment for partial acceptance of the claim that “the Defendant (B) paid 223,80,000 won to the Plaintiff during the period from February 12, 2010 to May 8, 2014; 20% per annum from the next day to September 30, 2015; and 15% per annum from the next day to the date of full payment.” The above judgment was finalized on August 31, 2016.

(hereinafter “instant judgment”). (b)

On September 8, 2016, B sold the apartment in this case, which is the only property of the Defendant, to the purchase price of KRW 128 million, and completed the registration of ownership transfer on October 12, 2016.

(hereinafter “instant sales contract”). D. The instant real estate transaction is called “instant sales contract.”

At the time of cancellation and establishment of the right to collateral security (1) with respect to the above apartment, each right to collateral security was established in the name of the Undong-dong Saemaul Depository (100,000 won with the maximum amount of claims) and the Saemaul Undong-dong Saemaul Depository (18,000 won with the maximum amount of claims) (hereinafter “each right to collateral security”). On October 12, 2016, the Defendant cancelled each right to collateral security immediately after acquiring the ownership of the above apartment from B on October 12, 2016.

(2) On the same day, the Defendant created a right to collateral security of 66 million won with the maximum debt amount.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 2, 3, Eul evidence 1 and 6 (including paper numbers), all purport of oral argument]

2. The assertion and judgment

A. (1) Determination as to the cause of the claim (1) that the debtor sells real estate, which is the sole property, and alters the sale of real estate with easily consumed money, to a fraudulent act, barring special circumstances, and the debtor’s intent to commit a fraudulent act refers to recognizing that the lack of joint security of the claim occurs, and it does not require any intent or intent to prejudice the creditor, and the debtor is the sole debtor.