1. The plaintiff's claim is dismissed.

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

1. Basic facts - The plaintiff has a guarantee claim of KRW 200 million against C.

The apartment of this case was jointly owned by C and F, each of which is one-half shares. However, on June 16, 2016, the Defendant purchased the above apartment from C and F for KRW 224 million (hereinafter referred to as “instant apartment shares”, and completed the registration of ownership transfer on August 12, 2016.

On the other hand, C was in excess of its obligation at the time of entering into the instant sales contract, and C’s share in the instant apartment was the only property of C.

In the instant apartment, the right to collateral security was established on G, F, and maximum debt amount of KRW 134,400,00 for the instant apartment. However, after the Defendant completed the registration of ownership transfer on the instant apartment, the said debt was repaid on August 16, 2016, and the said mortgage was revoked.

[Reasons for Recognition] Facts without dispute, Gap 1-5 evidence, Eul 1 and 6 evidence, the purport of the whole pleadings

2. Determination

A. According to the facts established on the basis of the establishment of a fraudulent act, as C sold the shares of the apartment of this case to the Defendant under a debt excess, it is reasonable to deem that the sales contract of this case constitutes a fraudulent act that causes shortage in common security of the general creditors including the Plaintiff.

B. (1) The defendant's assertion on the defendant's bona fide defense is merely a normal purchase of the apartment of this case, and did not know that the sales contract of this case was detrimental to the creditor.

(2) Since the beneficiary's bad faith is presumed in a lawsuit seeking revocation of fraudulent act 1, the beneficiary is responsible to prove his good faith in order to be exempted from his liability. In such a case, whether the beneficiary is bona fide or not is related to the debtor and the beneficiary, the details of the act of disposal between the debtor and the beneficiary, and the background and motive leading to the act