1. A sales contract concluded on November 15, 2016 between the Defendant and B on real estate stated in the separate sheet between the Defendant and B is 37,803.

1. Basic facts

A. B, on June 23, 2016, extended a loan of KRW 34 million to the Plaintiff on a 48-month basis by means of equal repayment of principal and interest.

B. B was unable to repay the agreed money from November 2016, and the principal and interest of the loan to the Plaintiff is KRW 37,803,275 as of May 2, 2017.

C. On November 15, 2016, B sold to the Defendant the real estate listed in the separate sheet (hereinafter “instant real estate”) which is one of its sole real estate (hereinafter “instant contract”) (hereinafter “instant contract”) and completed the registration of ownership transfer in the name of the Defendant on November 17, 2016.

At the time of the instant sales contract, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage of this case”) with the maximum debt amount of KRW 244,800,000, the real estate of this case was completed.

[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, purport of the whole pleadings]

2. Assertion and determination

A. Comprehensively taking account of the facts set forth in subparagraph 1.A and paragraphs (b) of the judgment on the existence of the preserved claim, the Plaintiff is the preserved claim seeking a fraudulent act, as the Plaintiff has a claim for loans against B as of June 23, 2016, and the above claim was incurred prior to the instant sales contract.

B. The debtor's act of selling real estate, which is the only property of the defendant, and changing it into money which can be consumed by sale of real estate is always considered a fraudulent act against the creditor, barring special circumstances. Therefore, the debtor's intention of deception is presumed to be presumed, and the burden of proof that the purchaser did not have bad faith is the beneficiary.

(Supreme Court Decision 97Da54420 delivered on April 14, 1998). B’s sale of the instant real estate, one of its sole real estate, constitutes a fraudulent act against the Plaintiff, who is the obligee, barring special circumstances.

In this regard, the defendant will make the apartment mortgage loan and the private use of the apartment in the prison.