1. Property division contract concluded on December 21, 2017 between the Defendant and B on real estate indicated in the separate sheet between the Defendant and B is 13,750.

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with a limited liability company C (hereinafter “non-party company”) as follows, and B, the representative director of the non-party company, entered into a joint and several guarantee agreement with the Plaintiff on the debt under the above credit guarantee agreement with the non-party company.

C B

B. From January 2018, when the non-party company delayed payment of interest under the loan transaction agreement with the Nonghyup Bank, the Nonghyup Bank requested the Plaintiff to discharge the guaranteed obligation, and the Plaintiff subrogated to the Nonghyup Bank 310,819,443 won on March 29, 2018.

C. B entered into a property division agreement with the Defendant on December 21, 2017 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant property division agreement”) and completed the registration of ownership transfer with the Defendant under the receipt No. 417 of Jan. 2, 2018, on the ground of the aforementioned agreement, based on the grounds for registration.

At the time of the instant division contract, B was in excess of the debt.

[Ground of recognition] The facts without dispute, Gap 1, 2, Gap 3 through 6 (including each number), the financial transaction information reply to the Nonghyup Bank and the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The establishment of a preserved claim requires that, in principle, a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be viewed as a fraudulent act. However, according to the above basic facts, the Plaintiff’s claim B may also become a preserved claim in the near future where there exists a legal relationship that has already been based on which the claim was established 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 the probability is realized in the near future (see, e.g., Supreme Court Decision 2002Da42957, Nov. 8, 2002).