A. The Plaintiff and Nonparty B entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with respect to the debt obligations of loans to the North Korean bank, Jeonbuk Bank, Co., Ltd., Ltd. (hereinafter “ Jeonbuk Bank”), as follows:

The guaranteed amount of guarantee contract (the base date for the change) loan term (the original loan term) bank on July 25, 2012. 50,000,000 on July 24, 2015.

B. Nonparty B submitted a credit guarantee certificate issued pursuant to the instant credit guarantee agreement and received a loan from the Jeonbuk Bank on July 25, 2012, but failed to pay the principal and interest of the loan within the due date, which lost the benefit of the loan due on March 2, 2015.

C. In accordance with the credit guarantee agreement of this case, the Jeonbuk bank requested the Plaintiff to pay the principal and interest of the loan by subrogation. On June 19, 2015, the Plaintiff paid a total of KRW 50,979,452 by subrogation to the Jeonbuk bank.

On the other hand, Nonparty B sold real estate listed in the separate sheet (hereinafter “instant real estate”) which is the only property owned by himself/herself to the Defendant at KRW 152,00,000 on November 14, 2014, and completed the registration of ownership transfer on December 17, 2014 as the receipt of all-round indictment of the Jeonju District Court on December 17, 2014.

(hereinafter referred to as “instant sales contract and ownership transfer registration”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 5, and the purport of the whole pleadings.

2. Determination

A. (1) The establishment of a fraudulent act is established (1) a claim protected by the obligee’s right of revocation with the knowledge that the obligor would, in principle, harm the obligee, and should have occurred before doing a juristic act for the purpose of property right. However, there is a high probability that the legal relationship, which is the basis of establishment of the claim, has already been established at the time of the juristic act, and that the claim is created in the near future.