A. From September 1, 2015 to July 29, 2016, Plaintiff C was obligated to return the Plaintiff’s unjust enrichment of KRW 83,60,000 (i.e., KRW 8,360,00 per month x 10 months from September 1, 2015 to June 30, 2016).

On July 29, 2016, C entered into a purchase and sale reservation contract (hereinafter “instant purchase reservation contract”) with the Defendant on each real estate listed in the list of [Attachment] (hereinafter “each real estate of this case”) and completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of the right to claim ownership transfer”) with the Jeonju District Court No. 13615 on August 3, 2016.

The contract of this case should be revoked as a fraudulent act, and the right to claim transfer of ownership of this case should be revoked due to restitution.

B. Defendant 1) At the time of the conclusion of the instant purchase and sale reservation agreement, C was not in excess of the obligation. 2) The Defendant, while lending KRW 30,000,000 to C, concluded the instant purchase and sale reservation agreement with due consideration of the financial institution’s secured loan on each of the instant real estate.

2. Determination as to the existence of a preserved right

A. The exercise of the obligee’s right of revocation does not seek performance of an obligation, but aims to prevent the obligor’s reduction in financial capacity for all creditors, and to secure the effectiveness of the obligor’s claim by recovering and collecting the deviatesed obligor’s responsible property. Thus, insofar as the preserved claim is established before the fraudulent act, the obligee’s right of revocation is not specifically determined (see, e.g., Supreme Court Decision 2016Da1045, Jun. 28, 2018). The Defendant is at the time of entering into the instant trade reservation agreement through a written response submitted on December 26, 2018, after the pleadings in the instant case were concluded.