1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 17, 2013, the Plaintiff filed a lawsuit against B seeking reimbursement of reimbursement amounting to KRW 50,558,734 and its delay damages as the Suwon District Court Branch Branch 2013da1709, and rendered a favorable judgment from the above court, and the said judgment became final and conclusive around that time.

B. On January 14, 2014, B sold real estate stated in the purport of the claim (hereinafter “instant real estate”) to the Defendant at KRW 26,50,000 (hereinafter “instant sales contract”) and completed the registration of transfer of ownership as the receipt No. 181,770 on November 18, 2014 by Suwon District Court Seosung Branch registry office (hereinafter “instant sales contract”).

C. B was in excess of the obligation at the time of the instant sales contract.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. As seen earlier prior to the determination as to the cause of the claim, B in excess of the obligation would have deepen the status of the insolvency by selling the instant real estate, which is the obligees’ joint collateral, and as such, the Defendant’s bad faith, which is the beneficiary, is presumed, barring any special circumstance, the instant sales contract is subject to revocation as a fraudulent act.

3. The defendant's assertion was not aware that the sales contract of this case was a fraudulent act.

On the other hand, since the beneficiary's bad faith is presumed in a revocation suit of fraudulent act, the beneficiary is responsible for proving his good faith in order to be exempted from his responsibility.

Therefore, the issue of the beneficiary's good faith is determined by logical and empirical rules, comprehensively taking into account various circumstances, such as the relationship between the debtor and the beneficiary, the contents and motive of the act of disposal between the debtor and the beneficiary, the circumstances leading to the act of disposal, whether there is any objective evidence to support the act of disposal, and the circumstances after the act of disposal, etc.