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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows, with the exception of adding the judgment of the court of first instance to the judgment of the court of first instance as follows: (a) using the 5th "proceeds of the invested principal" as the "investment principal and revenue"; and (b) removing all the 7 pages; and (c) removing the plaintiff's assertion that the plaintiff repeats the judgment of
Therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The further determination of this Court
A. The gist of the Plaintiff’s assertion did not occur as of December 17, 2015, which was at the time of the instant mortgage contract. However, at the time of the instant mortgage contract, there was a legal relationship that forms the basis of the establishment of the claim, and was highly probable as to the establishment of the claim, and was actually established on December 24, 2015, and thus, it constitutes a preserved claim entitled to exercise the right of revocation regarding the instant mortgage contract.
B. 1) Determination 1 requires that, in principle, a claim that may be protected by a creditor’s right of revocation has arisen prior to the commission of an act that may be deemed a fraudulent act. However, there is a high probability that at the time of a fraudulent act, there has already been a legal relationship that serves as the basis for the establishment of a claim, and that a claim has already been established by such legal relationship in the near future, and where a claim has been created by realizing such probability in the near future, such claim may also become a preserved claim of the creditor’s right of revocation (see Supreme Court Decision 2011Da76426, Feb. 23, 2012). In such case, “the legal relationship that serves as the basis for the establishment of a claim” is not limited to the legal relationship under an agreement between the parties, but shall be deemed to include the quasi-legal relationship or fact-finding with the probability of the establishment of a claim