2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport 1.1.

A. On January 20, 201, the Plaintiff entered into a loan agreement with B on January 20, 201, the lending limit of KRW 10,000,000, interest rate of KRW 4.96% per annum (15.47% per annum), and on January 20, 2012, the term of the lending period expired, and entered into an additional agreement to increase the lending limit to KRW 20,000,000 on May 17, 201.

B. B bears the principal and interest of KRW 20,734,168 against the Plaintiff as of February 21, 2014.

C. On December 16, 2013, B entered into a sales contract with the Defendant for the real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, B completed the registration of ownership transfer under the name of the Defendant as the receipt of the Changwon District Court’s private registry office as to the instant real estate.

B’s active property at the time of December 16, 2013, which entered into a sales contract with respect to the instant real property, was the instant real property and housing with F site and fourth-class neighborhood living facilities at the time of Jinju.

However, as the right to collateral security exceeding the market price was established on the F site and the fourth floor neighborhood living facilities and housing at Jinju, the debt was considerably exceeded compared to the property value.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 8 (including additional number), part of witness B of the court of first instance, the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition of the existence of the preserved claim, the Plaintiff has a claim for a loan to B at the time of the instant sales contract, and thus, the Plaintiff’s claim can be a preserved claim for revocation of fraudulent act.

B. According to whether a fraudulent act was established, B had already been in excess of the obligation at the time of the instant sales contract, and thus, B’s disposal of the instant real estate to the Defendant that led to further deepening of the existing joint security.