1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Defendant and B are South Korea. The Plaintiff filed a lawsuit against B on January 22, 2008 against Gwangju District Court 2007Gau334124, and filed a judgment against B on January 22, 2008 that “B shall pay to the Plaintiff 41,719,499 won and the amount of KRW 19,782,371 calculated by the rate of 25% per annum from November 10, 2007 to the date of full payment,” and the above judgment became final and conclusive.

B. The mother of the Defendant and C died on March 6, 2014, and upon the application of subrogation for the enforcement of compulsory auction by the Korea Asset Loan Limited Company, who became the creditor of B, the registration of ownership transfer was completed on the respective statutory shares of inheritance among the real estate listed in the separate sheet (hereinafter “instant real estate”) of C’s heir on June 12, 2015, as the registration office of the Gwangju District Court (hereinafter “C’s heir”) under No. 144798, Jun. 3, 2014.

C. On August 31, 2015, the Defendant entered into a sales contract to purchase KRW 25 million of the instant real estate (hereinafter “instant sales contract”) with B, and completed the registration of ownership transfer (hereinafter “instant registration”) as the receipt No. 213078, Sept. 4, 2015, the Gwangju District Court’s registration office (hereinafter “instant registration”).

At the time of the instant sales contract, B had no property other than the share of the instant real estate, and was insolvent.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, North Jeju District Court's order to submit tax information on the North Korean District, Gwangju Metropolitan City North Korean District, and the Madern District, the purport of the whole pleadings

2. Determination on the cause of the claim

A. As seen earlier, as seen earlier, the Plaintiff’s claim for the takeover amount against B was established at the time of the instant sales contract, and thus, the Plaintiff’s claim for the takeover amount constitutes the obligee’s right of revocation.

B. In the absence of special circumstances, the debtor's act of selling real estate, which is the only property of his own, and replacing it with money easily consumed.