1. The judgment of the court of first instance is modified as follows.

The defendant and the non-party C are 1/2.

1. Facts of recognition;

A. The Plaintiff loaned the sum of KRW 93,450,00 to C over several occasions from around 2012 to around 2013.

B. On December 23, 2016, C entered into a sales contract with the Defendant (C’s mother) as to one-half share of his own ownership among D Spacting vehicles (hereinafter “instant vehicle”), and on the same day, C completed the registration of ownership transfer with respect to the said share.

C. C filed an application for commencement of individual rehabilitation on April 5, 2017, but was dismissed on September 14, 2018.

(U) The fact that there is no dispute over the grounds for recognition, Gap 4, 6-10 evidence, Eul 3 evidence, and the purport of the whole pleadings.

2. The judgment of this Court

A. The above loan claims against C are arising before the conclusion of the sales contract for the instant share of the Plaintiff’s establishment of the preserved claim, and are subject to creditor’s right of revocation.

B. 1) Whether a fraudulent act is constituted as to the obligor C’s debt excess and fraudulent act C applied for the commencement of individual rehabilitation as above at the time when the instant sales contract was concluded and the period of 4 months elapsed. It is reasonable to deem that C had been in excess of the obligation at the time of the said sales contract. As such, it is reasonable to deem that C entered into the instant sales contract with the Defendant on the share of the instant automobile and completed the registration of transfer of ownership to the Defendant, barring any special circumstance, it is a fraudulent act in relation to the general creditors including the Plaintiff as an act of unreasonably reducing joint security, and as C is sufficiently aware that it is difficult for the general creditors to repay their debt to the general creditors. 2) As such, the judgment on the Defendant’s bona fide defense is recognized. The Defendant received loans from E Co., Ltd. (hereinafter “E”) at the time of the instant sales contract, and paid the purchase price to C, and thus, paid the Defendant.