1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On November 5, 2007, the Plaintiff entered into a real estate sales contract with C on November 5, 2007, and paid 200,000,000 won as down payment. However, on January 20, 2009, the Plaintiff filed a lawsuit against C for the return of the down payment paid to C as Changwon District Court 2009,440 on the ground of the non-performance of obligation by C. (2) The above court rendered a judgment on September 17, 2009 that “C shall pay the Plaintiff KRW 400,000,000 and its delay damages,” and the above judgment became final and conclusive at that time.

B. On December 27, 2011, C completed the registration of ownership transfer with respect to the instant building on December 27, 201, and completed the registration of ownership transfer based on the sales contract dated December 27, 201 with respect to the portion of 1/2 of the instant building to the Defendant on December 28, 2011.

(hereinafter “instant sales contract” and “the instant transfer of ownership”).

C’s debt excess status 1) In addition to the instant building at the time of the instant sales contract, C owned a 1058 square meters, E, 330 square meters, F, 12 square meters and G 706 square meters prior to Kimhae-si, but at the time, limited property C, such as the Plaintiff and other creditors, was in excess of the aforementioned active property, and C was in excess of C’s debt. Meanwhile, on June 10, 201 based on the above favorable judgment against C, the Plaintiff filed an application for compulsory auction against the said land on June 10, 201, and the compulsory auction procedure was commenced with the Changwon District Court H on June 13, 201.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1, 2, 3, and 5 (including, if any, a serial number; hereinafter the same shall apply), the court of first instance for fact inquiry about Kimhae-si, the purport of the whole pleadings, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, C’s act of entering into the instant sales contract with the Defendant with the Defendant reduces the creditor’s joint security.