1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation as to this part of the facts and the Plaintiff’s assertion is the same as the part against the Defendant in the grounds of paragraphs (1) and (3) of the judgment of the court of first instance, and therefore, they are cited by the main text of Article 420 of the

2. Determination

A. In principle, a claim that can be protected by the obligee’s right of revocation should have arisen prior to the commission of an act that can be deemed a fraudulent act. However, it is highly probable that at the time of the fraudulent act, there has already been a legal relationship that serves as the basis of the establishment of a claim and that the claim should be established in the near future in the near future, and the claim may also become a preserved claim of the obligee’s right of revocation only where the claim has been created in the near future because it

However, even if there was a legal relationship that serves as the basis for the establishment of the claim at the time of the act of disposal of the property at issue whether the fraudulent act was a fraudulent act, the small assets of the debtor merely exceeded the positive

It is difficult to deem that there is a high probability on the fact that a claim is created based on a legal relationship in the near future solely on the fact that a person was urged to repay a debt with respect to a separate debt.

(See Supreme Court Decision 2005Da8286, 8293 Decided September 28, 2006). B.

The following circumstances, i.e., the co-defendant B (hereinafter “B”) of the first instance court, which are acknowledged as comprehensively considering the overall purport of the pleadings as a result of the inquiry into the Incheon Metropolitan City Bupyeong-gu Office of Bupyeong-gu, Incheon Metropolitan City as a result of the first instance court’s request for the submission of tax information by the witness B of the first instance court, the witness B of the first instance court, the witness B of the second instance court, the witness of the office of Bupyeong-gu, and the office of Bupyeong-gu, Incheon Metropolitan City, and the following circumstances, i.e., ① the co-defendant B of the first instance court (hereinafter “B”), at the time of entering into the instant mortgage contract, approximately KRW 196,170,00 [The maximum value of each presumed land = KRW 534,560,000] x 2/8 shares].