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. The factual basis of the dispute is as follows: (a) the Plaintiff has the claim for reimbursement against B (as to KRW 307,011,195, and KRW 305,504,598, the annual interest rate of KRW 9% from January 10, 2016 to February 29, 2016, and the annual interest rate of KRW 15% from the next day to the date of full payment) based on the final judgment of the Daejeon District Court 2015Ga46123.

② On December 2, 2014, B completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) based on the sale of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) registered in the Defendant’s name.

[Ground of recognition] Facts without dispute, entry of Gap 4 and 5 evidence (including each number), the purport of the whole pleadings

2. The Plaintiff asserts that the sales contract concluded between B and the Defendant on each of the instant real estate is a fraudulent act against the Plaintiff, a creditor.

In regard to this, the Defendant asserted that each of the instant real estate is not a fraudulent act because the Defendant trusted the title to B.

3. Determination

A. Where the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name is applied to real estate, and the registration of transfer of ownership in the name of the debtor who is the title trustee is null and void, such real estate is not owned by the debtor, and thus, it cannot be deemed as a responsible property for the debtor’s joint security. Even if the debtor concluded a sales contract with a third party on the real estate and completed the registration of transfer of ownership with the third party, it cannot be deemed that the debtor caused a decrease in the debtor’s responsible property, and thus, it cannot be deemed as a fraudulent act detrimental to the debtor’s general creditors

(See Supreme Court Decisions 9Da55069 delivered on March 10, 2000, and Supreme Court Decision 2005Da54104 delivered on December 27, 2007, etc.) B.

. The above.