A. In around 2014, the Plaintiff entered into a credit guarantee agreement with Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) and DB at KRW 297,50,000 with respect to loans to Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”)., and Nonparty B, the representative director of Nonparty Co., Ltd., guaranteed all of the obligations of Nonparty Co., Ltd.

B. On May 2, 2017, the natural body of the non-party company was an insolvent accident. On June 30, 2017, the Plaintiff subrogated for KRW 300,821,273 in total with the principal amount of KRW 297,50,000, interest amount of KRW 3,321,273 to the D Bank.

C. B, on March 17, 2017, concluded a sales contract with the Defendant for the purchase price of KRW 225,00,000 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of ownership transfer in the name of the Defendant on March 24, 2017.

On the other hand, the instant real estate acquired the ownership of B and completed the registration of ownership transfer based on the same day trust contract to Nonparty E on May 11, 2015.

The defendant pays 150,310,836 won to the F Association, who is the priority holder of the above trust contract, and completed the registration of ownership transfer as above.

E. On March 24, 2017, the Defendant completed the registration of the establishment of a neighboring mortgage in G, which became a maximum debt amount of the instant real estate amount of KRW 96,00,000, and the debtor, the defendant, and the mortgagee of the right to collateral security.

F. At the time of the conclusion of the instant sales contract, B was in excess of its obligation.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination

A. In principle, it is required that a claim protected by the obligee’s right of revocation 1 for the establishment of the preserved claim was created prior to the commission of an act that can be viewed as a fraudulent act. However, there has already been a legal relationship that serves as the basis for the establishment of the claim at the time of the fraudulent act, and the claim is established in the near future based on such legal relationship.