1. C and the Defendant entered into a sales contract for D Apartment E on May 27, 2013, which was 24,763,968 won.

1. Basic facts constituting the premise for determination

A. From around 2010 to October 25, 2013, the Plaintiff filed a lawsuit against C on the claim for the payment of goods, and on February 12, 2014, the judgment of winning a favorable judgment (2013Gada4069) that “C pays to the Plaintiff the amount of KRW 15,47,480 and the annual interest rate of KRW 20% per annum from November 19, 2013 to the date of full payment,” which became final and conclusive as of March 2014.

(B) The total amount of principal and interest of the commodity price claim accumulated until the closing date of the instant case exceeds 30 million won).

However, on May 19, 2015, at the time of the occurrence of a large amount of the above goods debt against the Plaintiff, C sold an apartment (hereinafter “instant apartment”) emitted from the order under Paragraph (1) (hereinafter “instant sales contract”) to the Defendant, who was the former wife in excess of the debt owed to the Defendant on May 2013 (hereinafter “instant apartment”), and completed the registration of ownership transfer pursuant to the instant apartment on May 27, 2013. At that time, C did not set the right to collateral security on the instant apartment, but at that time, on January 19, 2015, the registration of establishment of collateral security was newly completed.

[Judgment as to whether the Defendant exceeded C’s obligation at the time of entering into the instant sales contract, the instant apartment was excluded from C’s active property (see, e.g., Supreme Court Decision 2003Da36478, 3648, 36485, May 27, 2005). In addition, even if C’s remaining claims for the refund of the deposit for lease deposit are included in C’s active property, the amount falls short of C’s amount of the Plaintiff’s claim amount. Moreover, it is unclear whether the Defendant’s remaining claims against other creditors are actually existing at the time of the instant sales contract, and it is unclear whether the Defendant had any property that could easily be repaid. Accordingly, the instant sales contract was concluded at the time of entering into the sales contract.