A. A sales contract concluded on June 20, 2016 between the Defendant and B is concluded between the Defendant.

A. On November 3, 2015, SBI Savings Bank (hereinafter “SBI Savings Bank”) extended a loan of KRW 15,000,000 to B, with interest rate of KRW 17.2% per annum and interest rate of KRW 28.2% per annum and interest rate of KRW 29.2% per annum, and around March 21, 2017, transferred the above loan claim to the Plaintiff.

On March 16, 2018, the Seoul Northern District Court Decision 2017Gabu67525, the Plaintiff filed against B, sentenced that “B shall pay to the Plaintiff the amount calculated by the rate of 29.2% per annum from October 13, 2017 to the date of full payment” with respect to KRW 7,625,010 and KRW 5,784,105 among them. The said judgment became final and conclusive around that time.

B. On June 20, 2016, B entered into a sales contract with the Defendant to sell real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”) and completed the ownership transfer registration under the Defendant’s name (hereinafter “instant ownership transfer registration”) on June 22, 2016 by the receipt of the registration office of the Incheon District Court on June 22, 2016.

C. At the time of the instant sales contract, the instant real estate was the only real estate in B, and B, including the Plaintiff, was liable for the total amount of 46 million won or more to multiple financial institutions, including the Plaintiff.

[Ground of recognition] 1 to 5 evidence Nos. 1 to 5 (including paper numbers), the fact inquiry results of this court, and the result of the order to submit financial transaction information, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of recognition of the establishment of a fraudulent act, under the circumstance that B bears a large amount of debt to many creditors including the Plaintiff, the instant sales contract with the content of disposing of the instant real estate, which is one of its sole property, to the Defendant constitutes a fraudulent act causing the shortage of creditors’ joint security, including the Plaintiff, and thereby, it is presumed that B’s intentional intent and the Defendant’s bad faith as the beneficiary is presumed.

B. As to the defendant's defense, the defendant is entitled to receive a payment from B or C.