1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 13, 2010, the Plaintiff filed a lawsuit against C, etc. for the payment of loans (2010da555), and the said court rendered a judgment that “C shall pay to the Plaintiff the amount of KRW 101,00,000 and the amount of KRW 84,00,000 per annum from June 16, 2010 to the date of full payment.” The said judgment became final and conclusive around that time.

B. C owned the instant real estate, but on August 31, 2016, sold the said real estate to the Defendant, who was his fraud, to the Defendant.

(hereinafter “instant trade”). C.

Meanwhile, at the time of the instant sales contract, the right to collateral security (the maximum amount of claims, the principal amount of KRW 60 million, and the principal amount of KRW 50 million) was established on the instant real estate under the name of the Defendant, but the market price of the instant real estate as of August 31, 2016 is KRW 43,077,00.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 3 evidence, the market price appraisal result of appraiser E, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion C sold the instant real estate, the sole property of which was the instant property, to the Defendant even though it had been in excess of the obligation, and thus, the instant sales contract constitutes a fraudulent act detrimental to the Plaintiff, a general creditor.

Therefore, the sales contract of this case shall be revoked within the scope of KRW 65 million (the scope of the liability property which becomes the joint collateral of the general creditors). The defendant is obligated to pay the plaintiff the above KRW 65 million and the damages for delay to the plaintiff by restitution.

B. In determining whether the act constitutes a fraudulent act subject to revocation by a creditor, if the property owned by another creditor is provided as a physical collateral for another creditor’s claim, the portion provided as a physical collateral cannot be deemed as a debtor’s liability property for the general creditors, and thus, the amount of the secured claim held by another creditor from the value of the property provided as a physical collateral.