Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the total amount of KRW 92,507,220 as well as the amount of subrogated 91,217,013 as the amount of subrogated payment from May 30, 2019 to December 13, 2019, the agreed interest rate of KRW 10% per annum and delay damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. Claim against Defendant C

A. On January 29, 2019, the summary of the cause of the claim that Defendant B and Defendant C concluded on January 29, 2019 with respect to the instant real estate stated in the separate sheet (hereinafter “instant real estate”), and the fact that the establishment registration of mortgage was completed prior to the stated in the purport of the claim does not conflict between the parties.

Accordingly, the Plaintiff asserts that the instant contract constitutes a fraudulent act against the Plaintiff, a creditor of Defendant B, and sought its revocation and restitution.

B. Where the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name applies to one real estate, and the registration of transfer of ownership in the name of the debtor who is the title trustee is null and void, such real estate is not owned by the debtor, and thus, it cannot be deemed that it is a responsible property provided to the general creditors’ joint security. Even if the debtor entered into a sales contract or mortgage contract with a third party on the said real estate and completed the relevant registration, it cannot be deemed that the debtor brought about a decrease in the debtor’s responsible property. Thus, it cannot be deemed as a fraudulent act detrimental to the debtor’s general creditors.