1. As to real estate listed in the separate sheet:

A. The reservation was made on February 25, 2016 between Nonparty B and the Defendant for sale and purchase.

1. Facts of recognition;

A. On September 12, 2014, the Plaintiff entered into a credit guarantee agreement with the non-party C Co., Ltd. (hereinafter “non-party C”) with a guarantee number D, the guaranteed amount of KRW 95,000,000, and the term of guarantee until September 11, 2015 (the extension to September 9, 2016 thereafter). A, the representative director of the non-party company, as the representative director of the non-party company, guaranteed the non-party’s obligation under the said credit guarantee agreement.

C On September 16, 2014, upon offering the Plaintiff’s credit guarantee form as security under the above credit guarantee agreement and borrowing KRW 100,000,000 from the new bank.

B. On September 9, 2016, a guarantee accident occurred due to non-party company’s delinquency. Accordingly, the Plaintiff subrogated for KRW 95,688,360 of the principal and interest of loans on December 23, 2016.

C. B on February 26, 2016, the Seoul Western District Court completed the registration of the right to claim for ownership transfer registration under Article 11674 of the Pyeongtaek District Court’s receipt of the registration office on the ground of the purchase and sale reservation as of February 25, 2016 on the real estate listed in the separate sheet (hereinafter “instant real estate”).

(hereinafter “instant disposition”). D.

At the time of the instant disposition, the value of the small property B was in excess of the positive value of the property.

[Grounds for recognition] Each statement of Gap evidence Nos. 1 through 11, each fact-finding inquiry reply to the head of Eunpyeong-gu, and the purport of the whole pleadings

2. Determination

A. In principle, it is required that a claim protected by the obligee’s right of revocation for the preserved claim was created prior to the occurrence of an act that can be viewed as a fraudulent act. However, at the time of the fraudulent act, there has already been legal relations that form the basis of the establishment of the claim, and there is high probability that the claim should be established in the near future by such legal relations, and in the near future, where a claim has been created because its probability has been realized in the near future, such claim may also be the preserved

(Supreme Court Decision 9Da53704 delivered on February 25, 2000).