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1. As to real estate listed in the separate sheet:
A. A sales contract concluded on September 29, 2016 between the Defendant and B.
Reasons
1. Basic facts
A. (1) On June 21, 2016, the Plaintiff entered into two credit guarantee agreements with B and guaranteed principal of KRW 14250,000,000,000, and issued a written credit guarantee agreement. (2) B borrowed each of the above credit guarantee agreements from the Sung-dong Credit Union as collateral, but the Plaintiff lost the benefit of payment due to the delayed payment of the principal and interest of the loan from January 21, 2017, and the Plaintiff was notified of the credit guarantee accident by the Sung-dong Credit Union on February 27, 2017.
B. On June 28, 2017, the Plaintiff subrogated for KRW 21,508,935 pursuant to the credit guarantee agreement to the net congenital Credit Union.
Accordingly, the Plaintiff has a claim for reimbursement of KRW 21,161,431 as of July 3, 2017 against B (=21,119,645 damages for delay).
C. On September 29, 2016, B entered into a sales contract with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”). On September 30, 2016, B entered into the instant sales contract with the Defendant (hereinafter “instant sales contract”); and the Defendant completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) with the Gwangju District Court’s net support registration and receipt No. 46988 on September 30, 2016.
B does not have any property other than the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination
A. In principle, it is required that a claim protected by the obligee’s right of revocation for the existence of the preserved claim 1-related legal doctrine has arisen prior to the commission of an act that can be viewed as a fraudulent act. However, there is a high probability that there has already been a legal relationship that serves as the basis of the establishment of the claim at the time of the fraudulent act, and that the claim should be established in the near future, and it is probable in the near future.