The sales contract concluded on June 7, 2012 between the defendant and B is 21,815.

A. C on November 26, 2003, borrowed KRW 7,000,000 from Nando Mutual Savings Bank, and B jointly and severally guaranteed this.

B. On December 28, 2011, the claim of the said savings bank was transferred to the Investment Company Co., Ltd., Ltd., and thereafter, on March 16, 2016, the said claim was transferred to the Plaintiff and the notice of transfer was issued.

The amount of claims against the plaintiff B is KRW 21,815,202 as of November 23, 2016.

C. B entered into a sales contract with the Defendant, who is the birthee, on June 7, 2012, on the attached list (hereinafter the instant sales contract), and completed the registration of ownership transfer to the Defendant on the same day.

B disposed of the real estate listed in the attached list, and became a debt excess.

[Reasons for Recognition] The facts without dispute, Gap 1 through 13 (including the serial number), the tax information reply of the head of Suwon-gu and the purport of the whole pleadings

2. Determination

A. The establishment B of a speculative act is presumed to constitute a fraudulent act, by selling real estate in the attached list to the Defendant, resulting in excess of debt, as it disposes of the property of the Plaintiff et al.’s creditors’ joint collateral, which constitutes a fraudulent act.

B. According to the evidence evidence No. 1 of the method of restitution, the fact that the establishment registration of a mortgage over the maximum debt amount of Nonparty Nonghyup Bank Co., Ltd. was completed on October 5, 2012 after the fraudulent act on October 5, 2012 can be acknowledged. Thus, the method of restitution cannot be deemed compensation for value because it is difficult to restore the original state.

Meanwhile, according to the above evidence, the market price of the real estate stated in the attached list of this case is KRW 70,000,000, and at present, Nonparty Nonghyup Bank Co., Ltd. is recognized to have completed the registration of establishment of a neighboring mortgage of KRW 15,600,000. Thus, the real estate price stated in the attached list of this case is 54,40,000 ( KRW 70,000,000-15,60,000) which deducts the secured claim amount of the above secured claim from the market price of the real estate stated in the attached list of this case and the amount of the Plaintiff’s secured claim amount is less than