1. The sales contract concluded between the Defendant and B on October 24, 2014 with respect to the real estate indicated in the separate sheet is KRW 18,00,000.

1. Basic facts

A. On November 4, 2010, and November 28, 2013, the Plaintiff entered into a credit guarantee agreement with B, and on November 20, 2014, the occurrence of a credit guarantee accident in which B’s place of business was closed, and on December 12, 2014, the Plaintiff subrogated for KRW 48,512,796 to the national bank, based on the said credit guarantee agreement.

B. On October 24, 2014, B entered into a sales contract with the Defendant to sell real estate in the attached Form (hereinafter “instant real estate”) in KRW 75,00,000 (hereinafter “instant sales contract”), and the Defendant completed the registration of ownership transfer on November 7, 2014 with respect to the instant real estate.

C. At the time of the conclusion of the instant sales contract, B did not have any particular active property other than the instant real estate, and was liable for a large amount of debt for the credit card company, Tae River loan company, etc. with a business depression. On December 2, 2014, the Government District Court No. 2014Da78763, Dec. 2, 2014, filed an application for individual rehabilitation, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers, if any; hereinafter the same shall apply), the purport of whole pleadings

2. The assertion and judgment

A. The existence of the preserved claim requires that, in principle, a claim that may be protected by the obligee’s right of revocation has arisen prior to the commission of an act that could be viewed as a fraudulent act. However, at the time of such fraudulent act, there is a high probability that there has already been legal relations that would form the basis of the establishment of the claim, and that the claim should be established in the near future due to its legal relations, and where a claim has been created due to its realization in the near future, the claim may also become the preserved claim of the obligee’

(see, e.g., Supreme Court Decision 2011Da76426, Feb. 23, 2012). In addition, the Plaintiff’s claim for reimbursement against B still exists as of October 24, 2014 when the instant sales contract was concluded.