1. A sales contract concluded on November 2, 2015 with regard to real estate stated in the separate sheet between the Defendant and Hasethyl Co., Ltd.

1. Facts recognized;

A. The Plaintiff has a claim for a loan to ethyl Co., Ltd. (hereinafter referred to as “ethyl”) as indicated in the attached Form, which is the cause of the claim.

B. On November 4, 2015, ethyl completed the registration of ownership transfer for the real estate listed in the separate sheet (hereinafter “instant real estate”) that he/she had owned in excess of debt (hereinafter “instant real estate”) on November 2, 2015, on November 4, 2015 (hereinafter “instant sales contract”).

[Grounds for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 5, order for submission of taxation information to the head of Bupyeong-gu Incheon Metropolitan City, and purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, ethyl concluded the instant sales contract with the Defendant on the instant real estate in excess of the debt, and completed the registration of ownership transfer to the Defendant. This is an act of causing a shortage of joint collateral for creditors or causing lack of joint collateral for creditors, which constitutes a fraudulent act detrimental to the Plaintiff, which is the obligee. In light of the time of conclusion of the instant sales contract, etc., it is deemed that ethyl was aware that it would harm the Plaintiff, which is the obligee, and thus, it is presumed that the Defendant’s bad faith as the beneficiary was presumed.

Therefore, the instant sales contract between ethyl and the Defendant should be revoked as a fraudulent act, barring any special circumstances. Accordingly, the Defendant is obligated to implement the procedure for registration of cancellation of ownership transfer registration under the instant sales contract to ethyl.

B. The defendant's assertion and its determination (1) The defendant asserted that ethyl was not in excess of the obligation at the time of the instant sales contract.

However, in full view of the purport of the entire arguments as stated in paragraph (1), the instant sales contract is the active property at the time of the instant sales contract.