1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 24, 2008, the Plaintiff entered into a credit transaction agreement with D Co., Ltd. (former trade name: E, Co., Ltd., Ltd., F, hereinafter “D”) and 500 million won (the maximum amount was changed to KRW 443 million) (the due date was changed to KRW 443 million), October 24, 2009 (which was thereafter extended to October 24, 2012), interest rate of 15% per annum, and delayed interest rate of 27% per annum, and accordingly, provided money to D.

C jointly and severally guaranteed the principal and interest of loans under the above credit transaction agreement against the plaintiff of D as KRW 650,000,000,000,000.

B. As of December 22, 2015, D’s obligation to the Plaintiff under the said credit transaction agreement was the principal amounting to KRW 413,93,42,470, interest, etc. totaling KRW 867,635,899.

On April 25, 2017, the Plaintiff filed a lawsuit against C, etc. seeking the payment of the principal and interest of the loan, thereby filing a judgment with the Daegu District Court 2016Ga26706, which sentenced C, “C shall pay to the Plaintiff the amount of KRW 857,635,89 within the limit of KRW 650,000,000,000 and the amount of KRW 453,642,470 per annum from December 22, 2015 to the date of full payment,” and the above judgment became final and conclusive thereafter.

C. On March 24, 2016, C entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant on the real estate stated in the separate sheet (hereinafter “instant real estate”) and completed the provisional registration of the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) on May 3, 2016, as the receipt of the registration of the Sungwon District Court Sungnam Branch Branch Branch Branch Branch and the receipt of the registration on May 3, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The act of entering into a pre-sale agreement with the Defendant on the instant real estate, which is the sole property of the Plaintiff C, and completing the instant provisional registration, constitutes a fraudulent act detrimental to the Plaintiff, which is the creditor, and thus, the instant pre-sale agreement should be revoked.