1. The plaintiff's claim is dismissed.

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

1. The plaintiff asserts that the plaintiff himself/herself is a loan holder of KRW 1,310,00,000 against the non-party company. The defendant and the above company's promise to purchase and sell the claim between the defendant and the above company should be revoked as it constitutes a fraudulent act.

The defendant asserts that the plaintiff has a sufficient security right to the above claim, that the non-party company is not insolvent, or that the defendant was bona fide.

2. Determination

A. If the right to preferential reimbursement is established on the real estate owned by the principal debtor or a third party in the future of the creditor, and the value of the real estate and the maximum debt amount are secured by the creditor in excess of the debt amount concerned, the debtor's act of disposal of the property does not constitute a fraudulent act against the creditor (see, e.g., Supreme Court Decision 2000Da21017, Dec. 8, 200). The value of the real estate in order to determine whether it is harmful or not shall be based on the market price at the time of disposal of property at issue.

B. (See Supreme Court Decision 2000Da73377 delivered on July 27, 2001).

On September 29, 2009, the Plaintiff created a first priority mortgage of KRW 1,80,000 with respect to three parcels of real estate listed in the [Attachment List No. 1] on September 29, 2009, with a view to securing the claim for loans to the non-party company, there is no dispute between the parties concerned, and according to the evidence No. 3-9, the value of the three parcels of the above real estate on April 30, 2010 is approximately KRW 1,321,320,320,000 through KRW 1,851,30,000 (value assessed from the trust advisory2, KRW 1,48,40,000 + KRW 29,80,000 + KRW 103,020,000.

C. Thus, around February 8, 2010, around the time when the non-party company and the defendant entered into a pre-sale agreement for the purchase and sale of the purport of the claim, the non-party company and the defendant secured the creditor's preferential right to reimbursement regarding the whole amount of the debt exceeding the pertinent maximum debt amount. Thus, the above pre-sale agreement