1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 11, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with respect to the loan of KRW 100 million from C within the scope of KRW 85 million with respect to the loan of KRW 100 million from C, and thereafter, the said guarantee term was extended until September 9, 2016.

B. However, B, upon closure of business on December 30, 2015, lost the benefit of the time limit for the above loan obligation. Accordingly, on May 4, 2016, the Plaintiff subrogated to C for KRW 86,22,701.

C. On April 21, 2017, B entered into a sales contract (hereinafter “instant sales contract”) with the Defendant, who is the mother, on the attached list No. B (hereinafter “instant real estate”), with respect to real estate listed in the attached list No. B (hereinafter “instant real estate”), and completed the registration of ownership transfer with respect to the instant real estate to the Defendant on the same day.

On April 21, 2017, the date of the registration of ownership transfer, the Defendant: (a) fully repaid the secured debt of Daehan (debtor B and the maximum debt amount of KRW 1368 million) established on the instant real estate; (b) revoked the registration of creation of a mortgage; and (c) granted E-based maximum debt amount of KRW 144 million with respect to the said real estate to the Co., Ltd.

E. Meanwhile, the Plaintiff’s total sum of principal and interest of indemnity claim B as of April 17, 2019 is KRW 102,828,308, and the market price of the instant real estate at the time of the closing of argument in the instant case is KRW 159 million.

[Ground of recognition] Gap evidence Nos. 1 (including paper numbers), Gap evidence Nos. 2, Eul evidence Nos. 1, and Eul evidence Nos. 1, the result of this court's entrustment to appraiser F, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion B is to change the instant real estate, which is only the only real estate in excess of the debt, into money that is readily consumed by selling it to the Defendant, and thus, the instant sales contract constitutes fraudulent act. Therefore, the instant sales contract constitutes KRW 45 million = KRW 159 million in value of the instant real estate - cancelled.