A. On March 6, 2014, the Plaintiff filed a lawsuit against the Gwangju District Court 2014 Ghana17465 claim, and on March 6, 2014, “C shall pay to the Plaintiff 12,155,770 won and 4,332,785 won among them, 15% per annum from February 20, 2014 to March 14, 2014, and 20% per annum from the next day to the date of full payment.” The decision on performance recommendation was finalized on March 29, 2014.

B. On May 4, 2016, the Defendant entered into a pre-sale agreement with C on the real estate listed in the separate sheet (hereinafter “instant real estate”). On May 11, 2016, the Defendant completed the provisional registration of the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) under Article 8585, which was received on May 11, 201, by the Seo-gu District Court of Gwangju on the Real Estate.

C. C was the only real estate at the time of entering into the instant promise to sell and purchase the instant real estate, while the maximum debt amount with respect to the instant real estate was over 18 million won, such as the registration of creation of a mortgage on the place of the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, fact inquiry results for the chief of the chemical order in this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of the establishment of a fraudulent act and the recognition of the intention of deception, the act of C, the debtor, entering into a pre-sale agreement on the real estate of this case, which is the only real estate between the defendant and the defendant, and completing provisional registration under the name of the defendant, is recognized as a fraudulent act detrimental to other creditors by reducing liability property unless there are special circumstances.

In addition, it seems that C, the debtor, could have sufficiently known that it would prejudice the general creditor, and further, the defendant's bad faith as the beneficiary is presumed.

B. As to the judgment of the defendant's assertion, the defendant is the minimum legal measure to preserve the loan claim against C.