2. The costs of lawsuit are assessed against the plaintiffs.

A. On February 8, 2011, the Plaintiffs received a judgment of non-divation that “D and E shall jointly and severally pay to Plaintiff A 19,217,809 won, Plaintiff B’s 12,616,670 won, and each of the above amounts at the rate of 5% per annum from January 1, 2006 to December 22, 2010, and 20% per annum from the next day to the date of full payment” from the Daejeon District Court’s Red support 2010Kadan11347 case. The said judgment became final and conclusive around that time.

B. Meanwhile, D, on August 1, 2008, received from the Changwon District Court on August 19, 2008 and received on August 18, 2008 as the receipt of No. 18697 on each of the real estate listed in the separate sheet No. 1, 2, and 3, issued each registration of ownership transfer under the separate sheet No. 18695 with respect to the real estate listed in the separate sheet No. 4 on August 1, 2008, instead of the Changwon District Court on August 19, 2008.

C. On September 17, 2008, the Defendant, instead of the Changwon District Court, filed a registration of creation of a neighboring mortgage with respect to each real estate indicated in the separate sheet, under the Act No. 20230, Sept. 17, 2008, the lower court rendered a registration of creation of a mortgage against the creditor, South Korean Agricultural Cooperatives, and the debtor.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 2-1 through 4, Eul evidence 5, the purport of whole pleadings

2. Although it is required that a claim protected by the obligee’s right of revocation was, in principle, incurred prior to the occurrence of an act that can be viewed as a fraudulent act, there is a high probability that the legal relationship which is the basis of the establishment of the claim has already occurred at the time of the fraudulent act, and that the claim has already been established in the near future based on such legal relationship, and where a claim has been created as a result of its realization in the near future, the claim may also become a preserved

(see, e.g., Supreme Court Decision 2000Da37821, Mar. 23, 2001).