1. The sales contract concluded on August 4, 2016 between the Defendant and B on the real estate listed in the separate sheet was KRW 39,608,296.

1. Facts of recognition;

A. On September 2, 2015, the Plaintiff: (a) lent KRW 200 million to C Co., Ltd. (hereinafter “Nonindicted Company”); (b) 5.37% per annum; (c) 12% per annum; and (d) the principal repayment for one year; and (c) the principal repayment for two years after the expiration of the grace period; and (d) determined to repay the principal and interest each month equally.

B. From October 10, 2016, Nonparty Company lost the benefit of time due to delay in paying the principal and interest.

C. On August 4, 2016, B entered into a sales contract with the Defendant to sell real estate in the attached Form (hereinafter “instant real estate”) in the purchase price of KRW 350 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer on September 9, 2016.

At the time of the conclusion of the instant sales contract, the instant real estate was established with the maximum debt amount of 302,40,000 won on October 30, 2013, as well as the right to collateral security, B, and D (hereinafter “D”), which is the debtor, B, and the right to collateral security (hereinafter “D”), and on the other hand, B had approximately KRW 5,20,000,000,000 as active property exceeded the debt amount of KRW 813,00,000.

E. On November 2, 2018, the instant real estate was sold to a third party upon the application of the mortgagee D, and the auction procedure was conducted in Incheon District Court E Real Estate Case. On November 2, 2018, a distribution schedule was formulated to distribute the surplus amount of KRW 39,608,296 to the Defendant, the owner of the instant real estate, in the third order.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 10 to 12, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of recognition of the establishment of a fraudulent act, the sales contract of this case is presumed to be a fraudulent act that causes the shortage of creditors' joint security by selling and consuming the real estate of this case, and constitutes a fraudulent act that causes the shortage of creditors' joint security, which is a creditor, and the defendant's bad faith, which is the debtor, B's intention to commit suicide and beneficiary.

B. The Defendant’s judgment on the Defendant’s assertion is against B.