1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 2, 3, 16, and 17.

B on May 24, 2011, he jointly and severally guaranteed C’s obligation to pay construction price to the Plaintiff, a representative director, and at the time of June 2012, the obligation to pay construction price was KRW 16,14,035.

B. B: (a) on February 12, 2013, the interest of KRW 10,000,000 from the Defendant shall be KRW 3.25% per month; (b) on February 12, 2014, the due date for repayment shall be determined and the Defendant shall be attached to the Defendant for the security.

1. On February 12, 2013, Ulsan District Court's mid-gu registry office of the Ulsan District Court completed the registration of the right to claim transfer of ownership based on the reservation on the same day as the receipt No. 9360 on February 12, 2013

C. B was in excess of the obligation at the time of the promise to sell and purchase as set out above; and

1. There was no property other than the real property indicated in the list;

Attached Form

1. On March 24, 2015, a distribution schedule was prepared to distribute KRW 11,953,567 to the Defendant, who is the person having the provisional registration, in the process of the auction of G real estate G in the Ulsan District Court G real estate in progress with respect to the real estate recorded in the list. As to the Defendant’s right to claim dividends, the Plaintiff was issued a ruling of provisional disposition prohibiting disposal as the Ulsan District Court 2015Kadan10145 on March 12, 2015.

2. Judgment on the parties' arguments

A. The Plaintiff asserted that the Plaintiff is the sole property of his/her own on February 12, 2013, where the Plaintiff was in excess of his/her obligation B.

1. The defendant concludes a pre-sale agreement with the defendant on real estate entered in the list and makes a registration of the right to claim transfer of ownership constitutes a fraudulent act, and thus, the defendant asserts that the right to claim a dividend should be transferred to B and notified to the Republic of Korea as the debtor

The defendant asserts that he is a bona fide beneficiary.

B. In full view of each of the statements in Gap evidence Nos. 3, Eul evidence No. 2-1 to 6, and No. 8, the whole purport of the pleadings is examined.