1. On August 24, 2016, between the defendant and the non-party C, the amount of 2/13 shares out of the area of 3,962 square meters of Gwangju-gu D Cemetery was concluded between the defendant and the non-party C.

1. Basic facts

A. On June 24, 2009, the Plaintiff drafted a notarial deed with the purport that “C shall borrow interest of KRW 10,000,000 from the Plaintiff on June 6, 2009, 30% per annum from June 7, 2009 to July 6, 2009, and that “if the Plaintiff fails to perform the said agreement, it shall have no objection even if compulsory execution is immediately conducted on the property of C.”

B. On August 24, 2016, C sold 2/13 shares among the 3,962 square meters of Gwangju-gu D Cemetery (hereinafter “instant land”) to the Defendant, who is the same resident, on the same day, and completed the registration of ownership transfer with respect to the said shares.

C. Meanwhile, on June 12, 2007, C completed on June 12, 2007 the registration of the establishment of a neighboring mortgage-backed property C with the maximum debt amount of KRW 60,00,000, and the debtor C and the mortgagee E with respect to the share of 2/13 of the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff C’s act of selling 2/13 shares owned C among the instant land to the Defendant constitutes a fraudulent act detrimental to general creditors, including the Plaintiff, and the Defendant is obligated to implement C’s procedure for cancellation of ownership transfer registration completed with respect to the said shares.

B. At the time of the conclusion of the instant sales contract, the value of 2/13 shares owned C out of the instant land is KRW 23,630,00,000, and as to the said shares, the right to collateral security was established over the maximum debt amount of KRW 60,000,000 in the E’s title, so the sale and purchase of said shares does not constitute a fraudulent act, inasmuch as the secured debt amount exceeds the value of said

3. If a security right has been established on an object transferred by the obligor, only the remaining part of the object which remains after the amount of the secured claim has been deducted, and if the amount of the secured claim exceeds the price of the object, the transfer of the object concerned.