1. Revocation of the first instance judgment.

2.(a)

On November 1, 2015, the real estate recorded in the separate sheet between the defendant and C shall be included in the attached list.

1. Amount of debts based on basic facts: The amount of debts of 226,985,273 won and the method of repayment: 226,6 million won shall be paid in installments over 113 times each two million won on the last day of March 2014 and until the last day of July 2023, and the remainder of 985,273 won shall be forfeited on the last day of August 2023: When the debtor delays payment in installments or payment of interest on three or more occasions;

A. On February 26, 2014, D agreed to pay the Plaintiff the following money, and C jointly and severally guaranteed the said debt owed to the Plaintiff on the same day.

B. However, D loses the benefit of time due to the failure to repay the remainder after the repayment of 36 million won out of the above debt amount.

C. Meanwhile, on November 1, 2015, C entered into a sales contract with the Defendant to sell real estate listed in the separate sheet (hereinafter “instant apartment”) as the only real estate owned by C (hereinafter “instant apartment”) for KRW 450 million (hereinafter “instant sales contract”). On December 16, 2015, C completed the registration of ownership transfer for the Defendant as the receipt of the Daegu District Court’s registration No. 301378, Dec. 16, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3 (including paper numbers), Eul evidence 1, Eul witness C and I testimony, the result of the inquiry of fact to the Daegu North Korean head of the first instance court, the purport of the whole pleadings.

2. Determination

A. According to the facts above, it is apparent that the Plaintiff’s joint and several surety deposit claim against C was created before the instant sales contract was concluded. Thus, the Plaintiff’s joint and several surety deposit claim against C is the preserved claim of the obligee’s right of revocation.

B. The facts that C had been in excess of the obligation at the time of the conclusion of the instant sales contract may be acknowledged by the parties, or by the purport of evidence No. 3, testimony and pleading of the party witness C and the entire pleadings.

An act that a debtor sells real estate, which is the only property of himself, and alters it into money easily for consumption.