1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s assertion is the Plaintiff’s obligee against C, and C entered into a pre-sale agreement with the Defendant on November 19, 2012 with respect to the land of 529 square meters of D forest land (hereinafter “instant land”) as the only property owned by C, Won-si, which is the only property owned by C, and completed the registration of the right to claim ownership transfer on the following day

The above reservation for sale should be revoked as a fraudulent act detrimental to the plaintiff who is the creditor, and the defendant is obligated to implement C with the procedure of cancellation registration of the above claim for transfer of ownership.

2. If the property on which a mortgage is established is transferred by a fraudulent act, the fraudulent act is established within the extent of the value of the property, that is, the balance obtained by deducting the secured claim amount from the market value, and if the secured claim amount exceeds the value of the property, the transfer of the property concerned shall not be deemed a fraudulent act.

(2) On December 5, 2011, 201, before the pre-contract for the sale of this case was concluded, C made a pre-contract with the Defendant on November 19, 2012, and C completed the registration of the right to claim the transfer of ownership on the land of this case on December 5, 201, in light of the above legal principles, C, a mortgagee, E, a maximum debt amount of 100,000 won, is recognized, and the Plaintiff’s registration of the establishment of the mortgage on the land of this case was completed on December 5, 201.

On the other hand, the Defendant also asserts that the officially announced land price of the instant land is KRW 17,200,000, and the actual market price does not reach the secured claim amount of the right to collateral security established on the instant land.

According to the above facts, C’s actual secured claim amounting to KRW 100,000,00,000, which was already established on the instant land at the time of the conclusion of the contract with the Defendant for sale and purchase.