1. On April 3, 2017, a sales contract concluded between Nonparty B (C) and the Defendant on real estate stated in the separate sheet was concluded.

1. Facts of recognition;

A. On February 10, 2017, the Plaintiff provided a credit guarantee to obtain a loan from the Industrial Bank of Korea. B borrowed KRW 270,000,000 from the Industrial Bank of Korea on May 10, 2017.

B. Since then, a guarantee accident occurred to B, and on September 18, 2017, the Plaintiff repaid KRW 273,556,477 in subrogation of B to the Industrial Bank of Korea.

C. On April 5, 2017, B completed the registration of ownership transfer for reasons of sale and purchase on April 3, 2017 (hereinafter “instant sales contract”) with respect to the Defendant’s share 2909/72 of the real estate listed in the separate sheet (hereinafter “instant share”). D.

On April 5, 2017, the Defendant: (a) completed the registration of establishment of a neighboring mortgage of KRW 276,00,000 with respect to the instant equity interest; (b) on August 3, 2017, the registration of establishment of a neighboring mortgage of KRW 180,000 with respect to the instant equity interest amount; and (c) on April 5, 2017, the registration of establishment of a neighboring mortgage of KRW 240,000 with respect to the instant equity interest (hereinafter “registration of establishment of a neighboring mortgage”) was cancelled on December 20, 205, which was established on the instant equity interest, on December 20, 2005.

[Reasons for Recognition] Gap 1-1, 2, Gap 2, and 3

2. Determination

A. (1) The existence of a preserved claim 1) In principle, it is necessary to require that the claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be deemed a fraudulent act. However, there exists a legal relationship that has already been based on the establishment of the claim at the time of the fraudulent act, and there is high probability as to the fact that the claim is established in the near future because of its legal relationship in the near future. In a case where the probability is realized in the near future and the claim has been established due to its realization, such claim may also become a preserved claim of the obligee’s right of revocation (see, e.g., Supreme Court Decision 2011Da76426, Feb. 23, 2012).