1. A sales contract concluded on January 20, 201 between the Defendant and C (D) on the real estate listed in the separate sheet between the Defendant and C (D) is 59,21.

1. Basic facts

A. On June 26, 2013, the Plaintiff lent KRW 100 million to E Co., Ltd., and C jointly and severally guaranteed the above loan debt on the same day.

B. C’s status against the Plaintiff as of March 14, 2019

The debt balance of the joint and several surety stated in the paragraph is KRW 59,221,223.

C. On January 20, 2017, C entered into a sales contract with the Defendant, who is the wife, with the price of KRW 213 million as to the apartment as indicated in the attached list owned by C (hereinafter “instant apartment”) (hereinafter “instant sales contract”), and completed the registration of ownership transfer in the Defendant’s future as the Incheon District Court’s receipt No. 26704 on January 23, 2017.

On January 20, 2017, the date when the instant sales contract was concluded, the apartment of this case was the only property of C with the market price of KRW 224 million. On November 28, 2012, the establishment registration of the first-order collective security bank, the debtor C, and the maximum debt amount of KRW 18 million was completed on November 28, 2012, the establishment registration of the first-order collective security bank, the Industrial Bank of Korea, the debtor C, the maximum debt amount of KRW 79 million on January 13, 2017, respectively.

[Ground for Recognition - Unsatisfy Facts, Gap evidence 1 through 7, each entry of Eul evidence 2 through 7, purport of whole pleadings]

2. Determination

A. "Fraud act" subject to the obligee's right of revocation under Article 406 of the Civil Act refers to an act that causes damage to the obligee by reducing active property or increasing the income and property, or by deepening that the obligor has already been in excess of his/her obligation. Barring special circumstances, it becomes a fraudulent act to sell and consume real estate, which is the only property, and to change the obligor into money easily for consumption. Therefore, it constitutes a fraudulent act where C concludes the instant sales contract with the Defendant and completes the registration of ownership transfer based on such contract, thereby exceeding its obligation.